Article III. On the Species of Right which is Called Servitude

Servitude is a right belonging to someone in the thing of another, by virtue of which the owner of the thing is held to suffer something in it, or not to do something, for the utility of that person. - It is called a right in a thing, not in a person; for if a person only were obligated to suffer or not do something, it would be called an obligation, not a servitude. Whence servitude is properly something of dominion which is taken away from him who owes the servitude, and accedes to him to whom it is owed. The taking away of this dominion is customarily called passive servitude, and the accession active servitude. Cf. Scavini, lib. 2, n. 517.

Servitude is divided in many ways. 1st. By reason of origin it is natural, legal, and conventional, according as it arises from the disposition of places, or from law, or from the mere agreement of the parties; 2nd. by reason of mode it is continuous and not continuous, according as it can last without an act of man, as is the servitude of aqueduct, or cannot be exercised without it, e.g., the servitude of passage. Again, it is apparent or not apparent, according as it is openly declared by an exterior sign, e.g., a door, window, etc., or lacks such a sign, as, e.g., the prohibition of building in some place, etc.; 3rd. by reason of object it is urban or rural, according as it is attached to an urban or rural estate. An urban estate is called any building erected for the sake of dwelling, whether in a city or in a village, and the garden annexed to it. - Rural estates are called a field, vineyard, meadow, stable for livestock separated from a house. Urban servitudes are four: 1st. that a beam be admitted into your wall; 2nd. that dripping water be received into your house; 3rd. that a wall not be raised higher; 4th. that a window not be opened in a wall. These two last do not seem to be in force among us. Some rural servitudes are called named, and are path, driving, road, aqueduct; and others unnamed, from the fact that they lack a special name in law. - Cf. Kenrick, nn. 97 and seq.