Blacks Law Dict. 1st ed

SERVITUDE

SERVITUS PROSPECTUS

1085

rather due to the estate than to the owner personally. Civil Code La. art. 646. Real servitudes are divided, in the civil law, into rural and urban servitudes. Ru ral servitudes are such as are established for the benefit of a landed estate; such, for ex ample, as a right of way over the servient tenement, or of access to a spring, a coal mine, a sand-pit, or a wood that is upon it. Urban servitudes are such as are established for the benefit of one building over another. (But the buildings need not be in the city, as the name would apparently imply.) They are such as the right of support, or of view, or of drip or sewer, or the like. See Mackeld. Rom. Law, § 316, et seq. SERVITUS. Lat. In the civil law. Slavery; bondage; the state of service. De fined as "an institution of the conventional law of nations, by which one person is sub jected to the dominion of another, contrary to natural right." Inst. 1, 3, 2. Also a service or servitude; an easement. SERVITUS ACTUS. The servitude or right of walking, riding, or driving over an other's ground. Inst. 2, 3, pr. A species of right of way. SERVITUS ALTIUS NON TOL LENDI. The servitude of not building higher. A right attached to a house, by which its proprietor can prevent his neighbor from building his own house higher. Inst. 2, 8,4. SERVITUS AQUiE DUCEND^I. The servitude of leading water; the right of lead ing water to one's own premises through an other's land. Inst. 2, 3, pr. SERVITUS AQU^3 EDUCEND-S1. The servitude of leading off water; the right of leading off the water from one's own on to another's ground. Dig. 8, 3, 29. SERVITUS AQU.E2 HAURIENDiE. The servitude or right of draining water from another's spring or well. Inst. 2, 3, 2. SERVITUS CLOACiE MITTEND^I. The servitude or right of having a sewer through the house or ground of one's neigh bor. Dig. 8, 1, 7. Servitus est oonstitutio jure gentium qua quis domino alieno contra naturam aubjicitur. Slavery is an institution by the law of nations, by which a man is subjected to the dominion of another, contrary to nat ure. Inst. 1, 3, 2; Co. Litt U6.

SERVITUS PUMI IMMITTENDI. The servitude or right of leading off smoke or vapor through the chimney or over the ground of one's neighbor. Dig. 8, 5,8, 5-7. SERVITUS ITINERIS. The servitude or privilege of walking, riding, and being carried over another's ground. Inst. 2, 3, pr. A species of right of way. SERVITUS LUMINUM. The servitude of lights; the right of making or having win dows or other openings in a wall belonging to another, or in a common wall, in order to obtain light for one's building. Dig. 8,2, 4. SERVITUS NE LUMINIBUS OFFI CIATUR. A servitude not to hinder lights; the right of having one's lights or windows unobstructed or darkened by a neighbor's building, etc. Inst. 2, 3, 4. SERVITUS NE PROSPECTUS OF FENDATUR. A servitude not to obstruct one's prospect, i. e., not to intercept the view from one's house. Dig. 8, 2, 15. SERVITUS ONERIS FERENDI. The servitude of bearing weight; the right to let one's building rest upon the building, wall, or pillars of one's neighbor. Mackeld. Rom. Law, § 317. SERVITUS PASCENDI. The servitude of pasturing; the right of pasturing one's cattle on another's ground; otherwise called "juspascendi." Inst. 2, 3, 2. SERVITUS PECORIS AD AQUAM ADPULSAM. A right of driving one's cattle on a neighbor's land to water. SERVITUS PR^IDII RUSTICI. The servitude of a rural or country estate; a rural servitude. Inst. 2, 3, pr., and 3. SERVITUS PR^IDII URBANI. The servitude of an urban or city estate; an urban servitude. Inst. 2, 3, 1. SERVITUS PRiEDIORUM. Apnedial servitude; a service, burden, or charge upon one estate for the benefit of another. Inst. 2, 3, 3. SERVITUS PROJTCTENDI. The servitude of projecting; the right of build ing a projection from one's house in the open space belonging to one's neighbor. Dig. 8, 2,2. SERVITUS PROSPECTUS. A right of prospect. This may be either to give one a free prospect over his neighbor's land or to prevent a neighbor from having a prospect

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