| A short reply to the question what are Easements and | | | | tenement. The personal servitude is a limited real right |
| Covenants sounds: Easements are documents that | | | | granting the servitude holder specific entitlements of |
| provide a person with a rights to property, Covenants | | | | use and enjoyment of a movable of immovable |
| are document that contain rules limiting the usage of | | | | property for a specific period of time (in some cases |
| the property. A more detailed answer follows. | | | | lifetime) for a maximum of 100 years. |
| Easements | | | | Covenants |
| In the common law tradition Easement (in some | | | | In the common law tradition Covenant is a document |
| jurisdictions - servitude) is defined as a | | | | that runs with the land. It is an agreement between |
| non-possessory interest to use real property in | | | | adjoining landowners to do something (affirmative |
| possession of another person for a stated purpose. | | | | covenant) or to refrain from doing something |
| This document is considered a property right in itself at | | | | (restrictive covenant) with relation to the land. Every |
| common law and is still treated as a type of property | | | | covenant has two sides – burden and benefit. The |
| in most of existing jurisdictions. Easement does not | | | | burden holds the promissors duty to perform the |
| give the holder the right of "possession" of the | | | | promise and the benefit the promisee's right to enforce |
| property, it provides only with a personal privilege to | | | | the promise. The covenants are tied to the land and |
| use land for a limited purpose. Also the easement | | | | not the owner, so any successor of the land will be |
| provides that the benefits of most easements | | | | able to enforce the covenant or be burdened by it. In |
| (appurtenant easement) flow to an adjacent parcel of | | | | order for the burden of covenant to be legal the |
| land, not to a specific person. | | | | following requirements must be met. The covenant |
| As for the one province that has a Civil Law tradition | | | | must be in writing, the original parties must have |
| – Quebec, in the Civil Code of Quebec it is named | | | | intended that successors be bound by the agreement. |
| servitude and described in the article 117 as following: | | | | The document must relate to the use or enjoyment of |
| “A servitude is a charge imposed on an immovable, | | | | the land. The owner also must have an actual notice, |
| the servient land, in favour of another immovable, the | | | | inquiry notice, or constructive (record) notice of the |
| dominant land, belonging to a different owner.” | | | | covenant at the time of purchase. In order for the |
| There are two types of servitudes - personal | | | | benefit of the covenant to run with the land, the |
| servitudes and land (praedial) servitudes. The praedial | | | | following requirements must be met. The document |
| servitude provides a limited real right to the land of | | | | must be in writing and must meet the appropriate |
| another, which confers on the owner of the dominant | | | | requirements similar to requirements of the burden to |
| tenement, in principle, permanent, defined entitlements | | | | be enforceable. |
| of use and enjoyment with regard to the servient | | | | |