Servitude (služebnost)
A right in rem obliging the owner of a property to tolerate something or refrain from something in favour of another (§ 1257 of the Civil Code, občanský zákoník). A land servitude always benefits the owner of another plot (a path, a water line); a personal servitude benefits a specific person (right of use, usufruct, residential servitude under § 1283 et seq.). A personal servitude ends at the latest on the death of the beneficiary.
Example
The buyer of a plot with a house for CZK 5,000,000 finds that a right of way (služebnost cesty) to the neighbouring parcel runs across the garden. For the bank this is a standard restriction, and a CZK 4,000,000 mortgage at 5.00 % with a payment of CZK 23,384 goes through. Most banks would not accept a residential servitude for the former owner, though.
In practice
Don't confuse a utility servitude with a protective zone (ochranné pásmo), which applies by law even without registration. A land servitude cannot be “deleted” without the beneficiary's consent, but it can be reflected in the price. A personal residential servitude ends with the beneficiary's death; until then it restricts both sale and pledging. Before buying, have the scope explained from the original contract.
How it differs
The wider category is the easement (věcné břemeno), which covers both servitudes and real burdens. A lifelong right of residence (právo dožití) is in practice a personal servitude of housing or use agreed for life, and it is the type banks assess most strictly.
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