When is a servitude valid? Does it have to be registered?
When is a servitude valid? Does it have to be registered? I live on subdivided property in which I was given the right to use a driveway by agreement ( A servitude).. However, the adjoining property whose driveway I use was sold. The new owner does not recognise this right of way and has accused me of encroaching.The servitude was not registered. What do I do?
A servitude is described in law as a personal right, and not a real right ( eg: ownership of house). In effect it is an indulgence one person grants to another. For it to be binding on subsequent purchasers it has to be registered. A servitude that has not been registered at the deeds office against a title deed is nothing more than a personal obligation owed by one person to another. So unfortunately the new owner is right. I suggest you negotiate with him, if you have no alternative.