Which two types of servitude exist within property law?

In property law, servitudes are rights that allow one party to use the property of another for a specific purpose. The two main types of servitudes recognized are predial and personal servitudes.

Predial servitudes involve a relationship between two pieces of land (dominant and servient estates). For example, a predial servitude might allow the owner of one parcel of land the right to access a roadway that runs through another parcel. This type is inherently tied to the land itself and generally benefits the property, regardless of who owns it.

Personal servitudes, on the other hand, are rights granted to a specific individual and are not tied to any particular piece of land. For instance, a personal servitude may allow a person the right to reside in a property for a certain period or until their death. This kind of servitude is transferable only in limited circumstances and does not run with the land.

Understanding these distinctions is crucial for anyone involved in property transactions or real estate law, as they significantly affect property rights, usage, and value.