There are two types of servitudes namely personal and praedial.

Personal servitudes are registered over a property in favour of an individual, an example of which is a lifelong right to live in a property.

A praedial servitude is registered over a property in favour of another property, such as a right of way or a height restriction. In certain instances servitudes may be incorporated in a new deed of transfer and in other instances they are required to be created by means of a notarial deed. As servitudes regulate the rights and obligations of parties in regard to property, it is important that they are carefully drafted and registered by a property attorney. Herold Gie will assist clients in structuring the servitude correctly, working with the land surveyor for the preparation of a servitude diagram, where necessary and attend to the registration of such servitude.

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