What is the primary characteristic of a predial servitude?

A predial servitude, as defined in Louisiana law, is fundamentally characterized by the relationship between two properties: the dominant estate, which benefits from the servitude, and the servient estate, which is burdened by it. This characteristic is essential because the servitude is attached to the land itself rather than to a specific person. The benefit and burden of the servitude persist even when ownership of the properties changes hands, reflecting the nature of property rights and responsibilities in the context of land use.

In this way, servitudes can facilitate various uses of land, such as easements for access or drainage, thereby allowing for more efficient use and enjoyment of both properties involved. This relationship is not personal to any individual owner or contingent on personal benefit; rather, it is a matter of property law that continues regardless of who owns the dominant or servient estate.