What is true regarding Predial Servitudes?

Predial servitudes are legal rights that grant a dominant estate the ability to use a portion of a servient estate for specific purposes. The characteristic that the servitude on a servient estate continues even after the estate is sold is fundamental to understanding how predial servitudes operate.

When a servient estate is sold, the new owner is still bound by the existing servitude. This continuity is designed to protect the rights of the dominant estate, ensuring that the benefits of the servitude are preserved for its continued use regardless of changes in ownership of the servient estate. This principle reinforces the idea that servitudes are inherently linked to the properties involved rather than to the individual owners.

Understanding this concept is crucial for recognizing the implications for property buyers and sellers. Buyers of a servient estate must be aware that they will inherit any existing servitudes, which could affect their use of the property. Therefore, predial servitudes are a vital consideration in real estate transactions and property law.