Definition
A land servitude is a real right established on a property (the servient tenement) for the benefit of another property (the dominant tenement), independent of the respective owners. The servitude follows the property, not the person: it is automatically transferred upon any sale.
Common types: - **Right of way**: the right to cross a neighbour's property to access the public road (landlocked lot). - **View easement**: prohibition from planting hedges or building structures exceeding a certain height, to preserve view or light. - **Public utility easement**: right of Hydro-Québec, Bell, or the municipality to install and maintain infrastructure (power lines, pipes). - **Non-construction easement**: buffer zone where all construction is prohibited (e.g., waterway edge).
Impact on purchase: easements registered in the Land Registry sometimes reduce the value and use of a property. The buyer must read them and understand their implications before signing. A right-of-way servitude may prohibit adding a fence or pool on a portion of the land.
The certified appraiser takes easements into account in the appraisal report.