The Concept of Servitude and Its Application Principles
Servitude is the right to use another person’s immovable property (referred to as the servient property) or the restriction of the owner’s right to use that property, in order to ensure the proper use of another immovable property (referred to as the dominant property) for which the servitude has been established.
The transfer of ownership of either the servient or dominant property does not affect the validity of the established servitude – it remains in force.
A servitude grants the beneficiary specific rights to use someone else’s immovable property or restricts certain rights of the owner of the servient property. If the content of the servitude is unclear and cannot be defined precisely, it is presumed to be established in the narrowest possible scope. If the content of the servitude was not defined during its establishment or later, it is determined based on the need to use the dominant property in accordance with its intended purpose. The establishment of a servitude does not deprive the owner of the servient property of the right to use it, provided that such use does not contradict the servitude’s provisions.
The owner of either the dominant or servient property has the right to apply to the court for a modification or termination of the servitude if a significant change in circumstances has occurred or if unforeseen obstacles arise that make it impossible or excessively difficult to exercise the granted rights.
If the proper exercise of the servitude rights requires the maintenance or repair of the servient property, such duties fall on the holder of the servitude – unless otherwise specified by agreement. If both the servitude holder and the servient property owner use the rights granted by the servitude, the maintenance duties are shared proportionally to the extent of use, unless agreed otherwise.
Types of servitudes include:
Right of way servitude – the right to use a footpath, ground vehicle road, or livestock path.
Land servitude – the obligation of the landowner (or state land user) to allow limited use of part of the land plot by other persons in accordance with legal provisions.
Building servitude – the right to attach a building to the servient property, to fasten it, or to install hooks and other elements in the servient property’s walls; the right to extend or construct parts of a building over the land or buildings of the servient property; the right to prevent the construction of buildings that would block light or views; or the right to perform other actions permitted by law or to prohibit the servient property owner from performing certain actions.
Servitudes may also be established for the installation, maintenance, and use of underground and overground utilities or for other purposes.
In Lithuania, servitudes may be established by:
- Legislation,
- Agreement (where the servient property’s owner voluntarily establishes the servitude),
- Court judgment (if parties cannot reach an agreement and use of the dominant property is otherwise impossible),
- Administrative act.
Servitudes are terminated in cases such as:
- Waiver by the holder,
- Merger of ownership of both properties under one person,
- Destruction of either property,
- Deterioration of the condition of the servient property,
- Redundancy of the servitude,
- Expiration of the statutory limitation period.
If the owner of the servient property obstructs the servitude holder from exercising their rights, the holder may claim damages.
If the holder of a servitude improperly exercises the rights granted by the servitude to use the servient object, thereby violating the rights of the owner of the servient object, the owner has the right to demand the elimination of any violations, even those not related to the loss of possession. In cases where the servitude restricts the right to part of the object, the owner of the servient object has the right to demand replacement of the affected part with another part of the same object, if such replacement helps the owner avoid excessive losses caused by the servitude. Upon termination of the servitude, the holder, at the request of the owner, must restore the condition of the object to what it was before the establishment of the servitude. The servitude holder cannot be required to remove changes to the object that occurred independently of the servitude, unless otherwise provided by law or contract.