Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Servitude
1. An encumbrance consisting in a right to the limited use of a piece of land without the possession of it; a charge or burden on an estate for another's benefit <the easement by necessity is an equitable servitude>. ( The three types of servitudes are easements, licenses, and profits. See EASEMENT; LICENSE; PROFIT (2).
acquired servitude
A servitude that requires a special mode of acquisition before it comes into existence.
acquired servitude.
See SERVITUDE (1).
additional servitude
A servitude imposed on land taken under an eminent-domain proceeding for a different type of servitude, as when a highway is constructed on land condemned for a public sidewalk. ( A landowner whose land is burdened by an additional servitude is entitled to further compensation.
additional servitude.
See SERVITUDE (I).
apparent servitude
Civil law. A predial servitude that is manifested by exterior signs or constructions, such as a roadway. Cf. nonapparent servitude.
equitable servitude
See restrictive covenant under COVENANT (4).
implied reciprocal servitude
See implied reciprocal covenant under COVENANT implied repeal . See REPEAL.
involuntary servitude
The condition of one forced to labor - for pay or not - for another by coercion or imprisonment.
landed servitude
See servitude appurtenant.
legal servitude
A servitude arising from a legal limitation on a property's use.
mineral servitude
A servitude granting the right to enter another's property to explore for and extract minerals.
mineral servitude.
See SERVITUDE (1),
natural servitude
A servitude naturally appurtenant to land, requiring no special mode of acquisition. ( An example is the right of land, unencumbered by buildings, to the support of the adjoining land. navigation servitude. See NAVIGATION SERVITUDE.
navigation servitude
1. An easement allowing the federal government to regulate commerce on navigable water without having to pay compensation for interference with private ownership rights. See NAVIGABLE WATER. "The navigation servitude, because of its link to navigable waters and the protection of navigation, is often confused with the public trust doctrine. The navigation servitude, however, is a paramount federal servitude on navigable waters based on the commerce power rather than on ownership or trust responsibilities." Donna R. Christie, Coastal and Ocean Management Law in a Nutshell 34 (1994). 2. An easement, based on the state police power or public trust doctrine, that allows a state to regulate commerce on navigable water and provide limited compensation for interference with private ownership rights. 0 The state servitude is inferior to the federal servitude.
negative servitude
See SERVITUDE (1)
nonapparent servitude
See SERVITUDE (1).
personal servitude
A servitude granting a specific person certain rights in property.
positive servitude
Civil law. A real servitude allowing a person to do something on the servient landowner's property, such as entering the property.
predial servitude
See servitude appurtenant.
private servitude
A servitude vested in a particular person. ( Examples include a landowner's personal right-of-way over an adjoining piece of land or a right granted to one person to fish in another's lake.
public servitude
A servitude vested in the public at large or in some class of indeterminate individuals. ( Examples include the right of the public to a highway over privately owned land and the right to navigate a river the bed of which belongs to some private person.
real servitude
See servitude appurtenant under SERVITUDE (1).
servitude appurtenant
A servitude that is not merely an encumbrance of one piece of land but is accessory to another piece; the right of using one piece of land for the benefit of another, such as the right of support for a building. - Also termed real servitude; predial (or praedial) servitude; landed servitude.
servitude in gross
A servitude that is not accessory to any dominant tenement for whose benefit it exists but is merely an encumbrance on a given piece of land.
urban servitude
A servitude appertaining to the building and construction of houses in a city, such as the right to light and air. 2. The condition of being a servant or slave <under the 15th Amendment, an American citizen's right to vote cannot be denied on account of race, color, or previous condition of servitude>. 3. The condition of a prisoner who has been sentenced to forced labor <penal servitude>.