praedial การใช้

• Two types are recognised : praedial servitudes and personal servitudes.
• Praedial servitudes are limited real rights existing only in respect of land.
• Unlike its praedial counterpart, the personal servitude is divisible.
• Both personal and praedial servitudes may be created by statute.
• Restrictive conditions are in the nature of urban praedial servitudes.
• In other words, praedial servitudes always involve at least two pieces of land, one of which serves the other.
• The NWA makes provision for personal or praedial servitudes where there is a need to take water from one property to another.
• Both praedial and personal servitudes are limited real rights, as they burden ownership, and both may be either positive or negative.
• It is required of a praedial servitude that it benefit the owner of the dominant tenement in his capacity as owner of the land ( rather than merely in his personal capacity ).
• Romans viewed " res mancipi " as that property of particular importance to them, at least in early rustic and praedial servitudes are all " res mancipi ".
• In " Ex parte Optimal Property Solutions ", the court held that registered praedial servitutal rights are incorporated into the constitutional concept of property, such that the removal or deletion of a restrictive condition may amount to a deprivation of property.
• Other new-fangled forms of the personal servitude include the " irregular servitude " ( which has content usually associated with praedial servitudes, but which is constituted in favour of an individual ), restrictive conditions, trading rights and the right of a developer to extend a section title scheme.
• A personal servitude cannot be transferred by its holder ( in much the same way that praedial servitudes are said to " run with the land " ); it is extinguished when the period expires for which it has been granted, or when the holder dies : It cannot exist beyond his lifetime and cannot be transferred to a third party.
• Whether a servitude should be classified as a personal or a praedial servitude depends on whether it benefits a particular piece of land or a particular person : If the benefit favours land, then, regardless of the identity of the owner at any given point, successive owners will benefit from the interest in the servient land; if the benefit favours a particular person, then, at best, the benefit will exist for the lifetime of that person.
• The subsequent Ancient Roman conquest and colonization of the Mugello region dates back to the 4th century BCE . It is not only testified not by several finds such as tombs, coins, walls but also by the toponomastic, e . g . names of places ending with the praedial suffix "-ano " ( Latin "-anus " ) or "-ana " : Cerliano, Figliano, Marcoiano, Galliano, Lucignano, etc.