Morals of the Church
Library › Wouters, Manual of Moral Theology › Volume I › Book II. On the Exercise of the Christian Life, or on the Cultivation of the Virtues › Treatise II. On the Cultivation of the Moral Virtues › Dissertation I. On the Precepts of the Decalogue › Part VII. On the Seventh and Tenth Precepts of the Decalogue › Section I. On Commutative Justice Itself › Chapter I. On Commutative Justice Generally › Article II. On the Objects of Commutative Justice, or on Strict Rights › § I. On Strict Rights Considered in Themselves › Point II. On Limited Ownerships

Section — Wouters, Manual of Moral Theology

III. On Servitude

772.

I. Notion. Servitude is a right consisting in this, that the owner of some estate,1 as its owner, has some favor over the estate of another. The favor is called active servitude; the burden inhering in the estate of another is passive servitude. The estate which is considered to have the favor is called the dominant estate; the estate in which the burden inheres, the servient estate.

1 Under the name of estate come corporeal immovable things, such as fields, pastures, houses, and so forth.

Limited Ownership: Usufruct, Use, Servitude, PossessionServitudes (Easements)

773.

II. Division. Servitudes are distinguished:

  1. Into continuous and discontinuous, according as they are exercised without human action or through it. Continuous servitudes are, for example, the right of a stream, of drip, and so forth; discontinuous servitudes are the right of a path, of drawing water, and so forth.

  2. Into visible and invisible, according as it appears by an external sign, for example a door or window, or does not appear. Invisible servitudes are, for example, a servitude of not building on an estate, or of not raising some building higher.

Servitudes (Easements)

774.

III. How acquisition and cessation have place you should deduce from the laws of the country; the rights and burdens annexed to servitude you should draw from the title by which it is constituted and from the law.

Servitudes (Easements)