Easement and servitude
From Common law (easement) and civil law (servitude)
Property
What it means
A right to use someone else's land for a limited purpose, such as a right of way across a field. The land that benefits is the dominant land, and the land that carries the burden is the servient land.
Why it travels badly
The civil-law word 'servitude' covers more than an easement. It also covers some personal rights, such as usufruct, attached to a person, not a piece of land. The English word 'servitude' looks the same but is rarely used, apart from in Scots law.
How other systems say it
easement
Re Ellenborough Park (1956) sets out four features: a dominant and a servient piece of land, a benefit to the dominant land, separate ownership, and the right must be capable of being granted.
servitude (art 637 Code civil)
A burden placed on one piece of land for the use and benefit of another owned by a different owner.
Grunddienstbarkeit (§ 1018 BGB)
A right over a neighbouring parcel, recorded in the land register. A separate right attached to a person is a beschränkte persönliche Dienstbarkeit (§ 1090 BGB).
Tip for translators and students
In a civil-law text, 'servitude' may mean a right attached to a person. Check the context before translating it as 'easement'.
See the Legal Dictionary entry →
Related: Real rights and personal rights, Adverse possession and usucapion
Updated October 2026. Spotted a mistake? Tell us.
TheLawToKnow Tools’s glossary is an educational overview of the main differences between legal systems. It is not legal advice.
