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Mixed Legal Systems in Comparative Perspective$
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Reinhard Zimmermann, Kenneth Reid, and Daniel Visser

Print publication date: 2005

Print ISBN-13: 9780199271009

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199271009.001.0001

Servitudes and Real Burdens

Chapter:
(p. 735 ) 24 Servitudes and Real Burdens
Source:
Mixed Legal Systems in Comparative Perspective
Author(s):

REINHARD ZIMMERMANN

DANIEL VISSER

KENNETH REID

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199271009.003.0024

This chapter discusses the law of servitudes in Scotland and South Africa. Praedial and personal servitudes are considered separately. For praedial servitudes, the method chosen has been to look first at the common ground and then at the differences. For personal servitudes, the order is reversed because there are striking differences which claim immediate attention. In dealing with praedial servitudes a separate section is devoted to a comparison between real burdens and restrictive covenants and conditions, in the light of the somewhat anomalous character particularly of restrictive conditions and the obvious parallels between them and Scottish real burdens.

Keywords:   law of servitudes, Scots law, South African law, praedial servitudes, personal servitudes

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