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Both personal and praedial servitudes may be created by statute.
Praedial servitudes are limited real rights existing only in respect of land.
Restrictive conditions are in the nature of urban praedial servitudes.
Urban praedial servitudes, where land is used for purposes of habitation, trade or industry.
In a modern context, the most important category of urban praedial servitude is restrictive conditions.
Praedial servitudes also terminate when the requirements for their constitution can no longer be fulfilled.
As regards rural praedial servitudes, three main categories are usually identified:
Unlike its praedial counterpart, the personal servitude is divisible.
Two types are recognised: praedial servitudes and personal servitudes.
In other words, praedial servitudes always involve at least two pieces of land, one of which serves the other.
Both praedial and personal servitudes are limited real rights, as they burden ownership, and both may be either positive or negative.
Praedial servitudes are indivisible; they are imposed on the whole of the servient tenement.
The NWA makes provision for personal or praedial servitudes where there is a need to take water from one property to another.
The praedial servitude must benefit the dominant tenement itself, not just the pleasure or caprice of whosoever happens to be the landowner at a particular time.
A praedial servitude can be granted in perpetuity, or it may exist for a specified period of time or until the fulfilment of a specified condition.
Personal and praedial servitudes are created through agreement between the owner of the dominant tenement and the owner of the servient tenement.
He tells us that lands and houses on Italic soil, beasts of burden, slaves, and rustic and praedial servitudes are all res mancipi.
It is required of a praedial servitude that it benefit the owner of the dominant tenement in his capacity as owner of the land (rather than merely in his personal capacity).
In Ex parte Optimal Property Solutions, the court held that registered praedial servitutal rights are incorporated into the constitutional concept of property, such that the removal or deletion of a restrictive condition may amount to a deprivation of property.
Other new-fangled forms of the personal servitude include the "irregular servitude" (which has content usually associated with praedial servitudes, but which is constituted in favour of an individual), restrictive conditions, trading rights and the right of a developer to extend a section title scheme.
A personal servitude cannot be transferred by its holder (in much the same way that praedial servitudes are said to "run with the land"); it is extinguished when the period expires for which it has been granted, or when the holder dies: It cannot exist beyond his lifetime and cannot be transferred to a third party.
