predial servitude


From The Collaborative International Dictionary of English v.0.48:

Servitude \Serv"i*tude\, n. [L. servitudo: cf. F. servitude.]
   1. The state of voluntary or compulsory subjection to a
      master; the condition of being bound to service; the
      condition of a slave; slavery; bondage; hence, a state of
      slavish dependence.
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            You would have sold your king to slaughter,
            His princes and his peers to servitude. --Shak.
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            A splendid servitude; . . . for he that rises up
            early, and goes to bed late, only to receive
            addresses, is really as much abridged in his freedom
            as he that waits to present one.      --South.
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   2. Servants, collectively. [Obs.]
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            After him a cumbrous train
            Of herds and flocks, and numerous servitude.
                                                  --Milton.
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   3. (Law) A right whereby one thing is subject to another
      thing or person for use or convenience, contrary to the
      common right.
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   Note: The object of a servitude is either to suffer something
         to be done by another, or to omit to do something, with
         respect to a thing. The easements of the English
         correspond in some respects with the servitudes of the
         Roman law. Both terms are used by common law writers,
         and often indiscriminately. The former, however, rather
         indicates the right enjoyed, and the latter the burden
         imposed. --Ayliffe. Erskine. E. Washburn.
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   Penal servitude. See under Penal.

   Personal servitude (Law), that which arises when the use of
      a thing is granted as a real right to a particular
      individual other than the proprietor.

   Predial servitude (Law), that which one estate owes to
      another estate. When it related to lands, vineyards,
      gardens, or the like, it is called rural; when it related
      to houses and buildings, it is called urban.
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.

From The Collaborative International Dictionary of English v.0.48:

Real \Re"al\ (r[=e]"al), a. [LL. realis, fr. L. res, rei, a
   thing: cf. F. r['e]el. Cf. Rebus.]
   1. Actually being or existing; not fictitious or imaginary;
      as, a description of real life.
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            Whereat I waked, and found
            Before mine eyes all real, as the dream
            Had lively shadowed.                  --Milton.
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   2. True; genuine; not artificial, counterfeit, or factitious;
      often opposed to ostensible; as, the real reason; real
      Madeira wine; real ginger.
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            Whose perfection far excelled
            Hers in all real dignity.             --Milton.
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   3. Relating to things, not to persons. [Obs.]
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            Many are perfect in men's humors that are not
            greatly capable of the real part of business.
                                                  --Bacon.
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   4. (Alg.) Having an assignable arithmetical or numerical
      value or meaning; not imaginary.
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   5. (Law) Pertaining to things fixed, permanent, or immovable,
      as to lands and tenements; as, real property, in
      distinction from personal or movable property.
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   Chattels real (Law), such chattels as are annexed to, or
      savor of, the realty, as terms for years of land. See
      Chattel.

   Real action (Law), an action for the recovery of real
      property.

   Real assets (Law), lands or real estate in the hands of the
      heir, chargeable with the debts of the ancestor.

   Real composition (Eccl. Law), an agreement made between the
      owner of lands and the parson or vicar, with consent of
      the ordinary, that such lands shall be discharged from
      payment of tithes, in consequence of other land or
      recompense given to the parson in lieu and satisfaction
      thereof. --Blackstone.

   Real estate or Real property, lands, tenements, and
      hereditaments; freehold interests in landed property;
      property in houses and land. --Kent. --Burrill.

   Real presence (R. C. Ch.), the actual presence of the body
      and blood of Christ in the eucharist, or the conversion of
      the substance of the bread and wine into the real body and
      blood of Christ; transubstantiation. In other churches
      there is a belief in a form of real presence, not however
      in the sense of transubstantiation.

   Real servitude, called also Predial servitude (Civil
      Law), a burden imposed upon one estate in favor of another
      estate of another proprietor. --Erskine. --Bouvier.
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   Syn: Actual; true; genuine; authentic.

   Usage: Real, Actual. Real represents a thing to be a
          substantive existence; as, a real, not imaginary,
          occurrence. Actual refers to it as acted or performed;
          and, hence, when we wish to prove a thing real, we
          often say, "It actually exists," "It has actually been
          done." Thus its reality is shown by its actuality.
          Actual, from this reference to being acted, has
          recently received a new signification, namely,
          present; as, the actual posture of affairs; since what
          is now in action, or going on, has, of course, a
          present existence. An actual fact; a real sentiment.
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                For he that but conceives a crime in thought,
                Contracts the danger of an actual fault.
                                                  --Dryden.
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                Our simple ideas are all real; all agree to the
                reality of things.                --Locke.
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