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Imagine buying a prime piece of land, planning your dream development, only to find out that a section of it is off-limits. You check your title deed and surveyor’s diagram—everything confirms it's your property. And yet, a servitude restricts what you can do with it.
Servitudes are an essential but often overlooked aspect of real estate ownership. In Zimbabwe, where land disputes and development restrictions are common, understanding servitudes is crucial for property investors, developers, and homeowners.
What Is a Servitude?
A servitude is a legal restriction that grants a third party the right to use a portion of your land for a specific purpose—without actually owning it. It can exist above, on, or below the surface and is typically put in place for infrastructure, utilities, access rights, or conservation purposes.
Common types of servitudes include:
- Utility Servitudes – Allow power lines, sewer pipes, or water mains to run through your property.
- Road Servitudes – Allow access for public or private roads and future road extensions.
- Right of Way Servitudes – Grant access to neighboring properties or the public (e.g., a shared driveway).
- Conservation Servitudes – Restrict development to protect natural areas or heritage sites.
How Servitudes Impact Property Development
- Land Use Restrictions: If a servitude exists, you cannot build, fence, or develop that portion of the land without violating legal rights.
- Property Valuation: A major servitude cutting through a plot can reduce land value and affect real estate investment potential.
- Legal and Compliance Risks: Attempting to build on a servitude can result in legal disputes, demolition orders, or financial penalties.
- Legal Obligations: In Zimbabwe, sellers are legally required to disclose any servitudes or rights of way on a property, as these can affect the buyer's intended use.
- Impact on Property Value: Properties with servitudes may experience reduced demand, potentially leading to a decrease in market value.
- Urban Land Disputes: The reconfiguration of land use and ownership in Zimbabwe has led to various disputes, underlining the importance of clear and transparent dispute resolution mechanisms.
How to Check for Servitudes Before Buying Land
Before purchasing or developing land, always check for servitudes in:
- The Deed of Transfer (title deed)
- The Surveyor-General Diagram
- Municipal or Utility Records
If uncertain, consult a property lawyer, town planner, or real estate expert to avoid costly surprises.
Final Thoughts
Servitudes play a critical role in urban planning and real estate development, ensuring essential services and access are maintained. While they may limit what you can do with your land, they also help create sustainable and well-planned communities.
Before investing in real estate in Zimbabwe, always ask: What parts of my land can I actually use?
