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SERVITUDES AFFECTING LANDED PROPERTY

receive the water that falls from those situated on higherground.

2. Legal servitudes are those, where, by positive law, anyparty is entitled to claim certain privileges, although not aproprietor of the lands.

3. Conventional servitudes are of two kinds, and arise eitherfrom a grant expressed in writing, or from prescription, ac-knowledged by acquiescence in the burden for the period offorty years. These servitudes are either positive, where some-thing is permitted to be done, (for instance, access throughthe property of another, by a road or foot-path), or negative,where any building, to annoy the property of another, is pro-hibited.

Servitudes may cither be predial or personal; the formeris attached to property, and belongs to the subject, which iscalled the dominant tenement, while that on which the bur-den is imposed is termed the servient tenement.

Predial servitudes are either rural or urban.

Rural servitudes relate to roads, dams, aqueducts, wateringof cattle, pasturage, peat and divot, thirlage, &c. Qf these,thirlage, or adstriction to particular mills, is the most impor-tant, respecting which, some observations will be found in theAppendix , NO. II. In consequence of an act obtained a fewyears ago, a facility is given to the purchasing of an exemp-tion from this servitude of thirlage, by which this obnoxiousburden will be gradually extinguished.

Urban servitudes relate to houses, in towns, and comprehendregulations for their support, the prevention of raising build-ings higher than their accustomed elevation, the interferencewith the light or prospect of a neighbouring property, &c *.

* It may be observed too, that predial servitudes, whether rural or urban, po-sitive or negative, may be constituted by consent, followed by possession, in thecase of the positive servitude. But without it, in the negative, by consent aloneand without sasine or entering a record, they are effectual against a purchaser.