In this page you can discover 25 synonyms, antonyms, idiomatic expressions, and related words for servitude, like: subjection, slavery, subjugation, vassalage, confinement, bondage, captivity, enslavement, peonage, thralldom and freedom.

noun. slavery or bondage of any kind: political or intellectual servitude. compulsory service or labor as a punishment for criminals: penal servitude. Law. a right possessed by one person to use another’s property.

Servitude, in Anglo-American property law, a device that ties rights and obligations to ownership or possession of land so that they run with the land to successive owners and occupiers.

A positive servitude allows the owner of the dominant tenement to do a positive act, e.g. to walk or drive over land owned by the servient tenement. In short, it allows the dominant proprietor to enter upon the servient proprietor’s land to do something positive.

A personal servitude is a right against property that is in favour of a specific individual. This right is held by a person in their personal capacity and not in the capacity of owner. It extinguishes on the death of that individual and cannot be transferred. An example of a personal servitude is a usufruct.

The erf is subject to a servitude for sewerage or other purposes along one or two boundaries. No large-rooted trees may be planted within the servitude area. No buildings or other structures may be erected within the servitude area.

A personal servitude is a limited real right granting the holder specific entitlements of use and enjoyment of an item of movable (personal) or immovable (real) property of another in his personal capacity for a specific period or his lifetime or, in the case of a legal person, for a maximum of 100 years.

Usufruct, Usus and Habitatio are personal servitudes. A personal servitude is a limited real right in favour of a person, granting that person the right to do something on someone else’s property. A Usufruct cannot be transferred and lapses when the usufructuary dies. Usufructs can also be granted for a fixed period.

A praedial servitude is terminated by: Agreement A bilateral notiarial deed is required. Abandonment. At present the practice is to call for a notarial deed between the parties as there is no provision for cancellation on application, as in the case of personal servitudes which have been abandoned (section 68).

“A usufruct provides to the usufructuary a right of use of property or assets, lifelong or for a specific period, but the usufructuary does not acquire ownership of the relevant property or assets.” E.g. a woman may bequeath her property to her son provided that her spouse has lifelong usufruct from it.

A usufruct is a legal right accorded to a person or party that confers the temporary right to use and derive income or benefit from someone else’s property. While the usufructuary has the right to use the property, they cannot damage or destroy it or dispose of the property.

usufruct is a legal right given by an owner to someone who is not the owner, to use the owner’s property for a certain period, usually for the remainder of that person’s life. While the usufructuary can rent the property out, they are not allowed to sell or leave the home to another party.”

the legal right to use someone else’s property temporarily and to keep any profit made from it: Many communities in developing countries have usufruct rights over the land they farm.

In a case where a husband bequeaths immovable property to his children from a first marriage and creates a usufruct in favour of his second wife for the duration of her lifetime, could create unpleasant hardships and family disagreements continuing for years.

Surviving parents have the usufruct of the separate property of a decedent who dies without descendants inherited by the decedent’s siblings through intestacy. Parents of minor children have the usufruct of property inherited by the child, but not property received by gift.

1) Yes, a usufruct can terminate if the parties agree. It is probable that a usufructuary can terminate his or her usufruct unilaterally. 2) Medicaid is sort of a world of it’s own. First, a usufruct can follow to the proceeds of a sale depending on the terms of the usufruct.

Usufructuary Mortgage Limitation According to the Limitation Act, 1963 — Art. 61 — Usufructuary home loan; There is no fixed time-limit for the usufructuary mortgagor to look for reclamation and recuperation of ownership of immovable property mortgaged.

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• Conventional mortgages. A conventional mortgage is a home loan that’s not insured by the federal government.
• Jumbo mortgages.
• Government-insured mortgages.
• Fixed-rate mortgages.
• Adjustable-rate mortgages.

According to the Act, in a usufructuary mortgage, the borrower gives possession of the mortgaged property to the lender, and authorises him to retain such possession until payment of the mortgage money. The title deed of the property, on the other hand, remains in possession of the borrower.

Characteristics of Usufructuary Mortgage: Delivery of possession of the mortgage-property or, an express or implied undertaking by the mortgagor to deliver such possession. Enjoyment or use of the property by mortgagee until his dues are paid off. The mortgagee cannot foreclose or sue for sale of mortgage-property.

Doctrine of Part Performance is an equitable doctrine and it is incorporated to prevent fraud and from taking illegal advantage on account of non-registration of the document. This Doctrine is based on the maxim, Equity look at as it is done which ought to have been done.

An ostensible owner means a person who appears to be the owner of a particular property but is not. He is not a trespasser or person having unlawful possession of the property. He behaves like the owner of the property with the consent or conduct of the real owner itself.

Transfer By One Co-Owner- Where one of two or more co-owners of immovable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires, as to such share or interest, so far as is necessary to give effect to the transfer, the transferors right to joint …

The transfer of property as defined under Section 5, is an act between two living persons. The word “living person” includes corporations and other association of person. A transfer can be made by a person to himself, as for instance when a person vests property in trust and himself becomes the whole trustee.

The act bans all benami transactions and gives the government the right to recover property held benami without paying any compensation. The act came into force on 5 September 1988. Although benami transactions are now illegal, the act had limited success in curbing them.