Ancillary rights: Servitudes

Roderick R.M. Paisley

doi:10.4337/9781839100659.00018

Ancillary rights: Servitudes

Roderick R.M. Paisley^*

^*Corresponding author for this work

Law

Research output: Chapter in Book/Report/Conference proceeding › Chapter

Abstract

The distinction between a servitude and an ancillary right is not clear. An ancillary right is a part of the servitude itself and is governed by the same rules. There are still several reasons for making the distinction between the servitude and the ancillary right. The burdened owner might, in some cases, be obliged to take positive action to facilitate an easement. Another reason is that the numerus clausus principle applies to servitudes but not to ancillary rights. The criteria an ancillary right must fulfil to be recognised as such are discussed.

Original language	English
Title of host publication	The Changing Role of Property Law
Subtitle of host publication	Rights, Values and Concepts
Editors	Ernst Nordveit
Publisher	Edward Elgar Publishing Ltd.
Chapter	12
Pages	263-280
Number of pages	18
ISBN (Electronic)	9781839100659
ISBN (Print)	9781839100642
DOIs	https://doi.org/10.4337/9781839100659.00018
Publication status	Published - 17 Jan 2023

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abstract = "The distinction between a servitude and an ancillary right is not clear. An ancillary right is a part of the servitude itself and is governed by the same rules. There are still several reasons for making the distinction between the servitude and the ancillary right. The burdened owner might, in some cases, be obliged to take positive action to facilitate an easement. Another reason is that the numerus clausus principle applies to servitudes but not to ancillary rights. The criteria an ancillary right must fulfil to be recognised as such are discussed.",

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Ancillary rights: Servitudes

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