Servitude Clause Samples

Servitude a right of individuals and legal entities on certain goal use of part of the subsoil plot, given to other parties for performance of prospecting, production, combined Prospecting, Production or Construction and (or) production in cases provided by the present Decree.

Servitude. An aerial zoning servitude is granted in favour of the St-Hubert Airport.

Servitude. The Second Party hereby grants the First Party the right to and to register servitudes for the purposes of installation of Storm Water Pipe as follows: 1. 2.1 A servitude 3 (three) meters wide for purposes of a Gas pipe and Bulk Electrical cable servitude over Portion’s of 7 of the farm ▇▇▇▇▇▇▇▇ ▇▇.▇▇▇-▇▇. ▇▇▇▇▇▇▇ Province and the Remaining Portion of Raslouw Agricultural Houlding Portion 154. Held in terms of Deed of Transfer ……………………………. As indicated by the red lines on the attached diagrams, marked ANNEXURE “A” and initialed by the parties for identification purposes,

Servitude. 26.1 The PURCHASER acknowledges that the MHOA as the controlling authority shall have a right of inspection in respect of the PROPERTY to enable it to ensure compliance with the terms and conditions of the CONSTITUTION. This condition shall be registered against the title of the PROPERTY. 26.2 The PURCHASER acknowledges that a Municipal Servitude exists within the DEVELOPMENT as detailed under clauses 4 and 17 and that the DEVELOPER has no control, management or effect on the use or maintenance of the servitude as it falls under the management, control and ownership of the Local Authority. 26.3 The PURCHASER acknowledges that some services or facilities may be installed within the boundaries of his property and acknowledges that the DEVELOPER or TRUSTEES may from time to time need to install, upgrade, alter, inspect or maintain these services or facilities and that he may not prevent or interfere with such projects. The DEVELOPER or TRUSTEES will be responsible to make good any damage that may have occurred as a result of such actions. This condition shall be registered against the title of the PROPERTY. 26.4 ▇▇▇▇▇ A6, A7, A17 and A18 may not construct houses within 500mm of the Municipal Servitude border as detailed within the CONSTRUCTION AGREEMENT

Servitude. Water-rights.—Riparian owners.—Joint right to construct dam wall on adjoining farm.—Agreement between lotcer riparian owners.—Non-registration.—Servitude on a servitude. In 1862 B, a riparian owner, obtained from C, an upper riparian owner on the same side of a public stream, the right to construct a dam in the river at a spot on his farm, and to lead the water by means of a furrow on to his (B’s) land. By a written agreement in 1863 he obtained from D, a riparian owner opposite to C, the right to continue the dam wall across the stream to his property. On the 25th September, 1871, a written agreement was entered into between B, C and D confirming the previous agreements between them. In 1888 the agreements of 1863 and 25th September, 1871, were registered in the Register of Diverse Akten and also against the titles of C’s and D’s farms. Some time previous to 1871 E, a riparian owner opposite to B, had obtained from C and D the right to erect a dam across the stream on their farms and to lead the water from there to his land. E’s dam was situated lower down the river than B’s. On the 20th September, 1871, this agreement was reduced to writing and in 1888 was registered in the Register of Diverse Akten, but was never against the titles. In 1893 a flood seriously damaged both dams and furrows. A written agreement which was nevor registered was thereupon entered into between E and B whereby the former obtained per­ mission to build a partition wall upon and across part of the latter’s reconstructed dam wall so as to allow the overflow and percolation water to be caught and diverted into his furrow, B reserving to himself the right to raise the level of his dam wall (which was constructed of loose stones) when necessary. B’s successors in title subsequently did so raise the level of their dam wall and lined it with masonry. The effect of this was to diminish and sometimes wholly stop the flow of water into the furrow of E’s successors in title who thereupon sued B’s successors in title for a declaration of rights, for an interdict and for damages. Held, that the agreement of 1893 between E and B was one which could not be registered and which created no real rights; the ▇▇▇▇▇▇▇▇▇▇▇ AND OTHERS v. BRITS AND OTHERS. 275 successors in title to E, therefore, had no locus standi in judicio to sue upon it. The agreement of 1893 was incapable of registration against titles, firstly, because it did not affect land belonging to any of the signatories to it; secondly, be...

Servitude. An exclusive right of use, servitude, and right-of-way (hereinafter called the “Servitude”), together with all improvements located thereon, on, in, over, under, through and across Grantor’s land for the purpose of locating, establishing, constructing, laying, installing, operating, using, maintaining, inspecting, testing, protecting, cathodically protecting, repairing, assigning, restoring, renewing, reconstructing, replacing, substituting, changing, altering, converting, relocating within the Servitude, changing the size of, and removing therefrom facilities, together with such appliances, equipment and appurtenant facilities (below ground) as from time to time deemed by Grantee to be necessary, useful or convenient in connection with the use and convenient operation of the facilities, for the transportation of oil, gas, petroleum products, fresh water, saltwater, or any other liquids, gases (including inert gases) or substances which can be transported through facilities. The description of the Servitude, the Servitude location, and the land out of which the Servitude is being acquired (“Grantor’s Land”), are described in Exhibit “A” attached hereto and made a part hereof for all purposes, which may be amended from time to time by consent of the parties. Pursuant to Section 2.03(a) of the 1978 Charter of the City of Shreveport (as amended), the City, in its governmental capacity, may revoke any permit granted pursuant to its Policy Regarding Placement, Installation, and Operation of Facilities if the property subject to such permit is required for a public purpose. In such event, the taking or revocation shall be treated as a taking by condemnation, exercise of the City’s right of eminent domain, or similar proceeding and shall entitle Permittee to all damages allowed by law. The City agrees that, by virtue of this servitude and its corresponding Permit, the Grantee/Permittee has acquired a valuable property right which directly affects Grantee/Permittee property and facilities outside this servitude and shall be entitled to damages. For purpose of calculation of such damages, Permittee’s servitude subject to the Permit shall be deemed perpetual and shall include all costs relating to relocating the facility and all related equipment and facilities notwithstanding the fee or fees paid for such Permit and servitude.

Servitude. The Second Party hereby grants the First Party the right to and to register servitudes for the purposes of installation of bulk electrical, & Gas pipe as follows: 1. 2.1 A servitude 7 (seven) meters wide for purposes of a Gas pipe and Bulk Electrical cable servitude over Portion’s of 7 of the farm ▇▇▇▇▇▇▇▇ ▇▇.▇▇▇-▇▇. ▇▇▇▇▇▇▇ Province and the Remaining Portion of Raslouw Agricultural Houlding Portions; 1, 154, and 156. Held in terms of Deed of Transfer ……………………………. As indicated by the red lines on the attached diagrams, marked ANNEXURE “A” and initialed by the parties for identification purposes, 7m wide Gas and Electrical Servitude measures 3054.5m2

Servitude. The PURCHASER confirms by signature of the Deed of Sale that he has fully acquainted himself with the nature and extent of the various servitudes registered against the PROPERTY.