Easement in Roman Law

By: Anavitarte, E. J.*

For the Romans, easement or servitutes was a legal institution that granted a person real rights in another's property, procuring its use─ius utendi─or its enjoyment─ius fruendi─and therefore limiting the exercise of the owner's property right of the thing

Thus, the legal ownership of the encumbered thing remains in the hands of the owner─ius abutendi─who does not dispose of it, but imposes a burden or servitude on it, contrasting on the one hand the exercise of ownership and on the other the right yielded.

This is especially important to understand the configuration that current figures such as leases, easements of passage, or usufruct were taking, in which this opposition of rights is dealt with.

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