Definition : Servitude of right-of-way

Charge imposed upon an immovable, the servient land, in favor of another immovable belonging to a different owner, the dominant land. In accordance with the servitude’s provisions, it allows the owner of the dominant land to pass on foot or with a vehicle on the servient land. Co-ownership declarations often include such servitudes of right of way, such as to allow directors of the syndicate of co-owners and their representatives to have access to the private portions to ensure the preservation of the immovable (for example, common systems repairs and replacement ). The location of the right of way must be clearly described and is called the “site".