萬國法律事務所

Pursuant to the Civil Code, a real estate servitude is the right to use (or prevent the use of) the property of another for a specific convenience to one’s own property. To prevent new buildings from blocking a view or sunshine with respect to one’s own building, one can enter into a contract with the other landowner and create a real estate servitude, so that the use of the servient land cannot contradict the contractual requirement.

This is also applied to the lessee of a property. For instance, the lessee of a convenience store (the store owner) could create a servitude relationship with the surrounding buildings to limit the servient buildings from being rented to other convenience stores so as to prevent the market from being shared.