What is an easement (servitude)?

What the Law Says

South Korean law defines and regulates easements—called 'servitudes'—under the Civil Act. These rights burden one piece of land (the servient estate) for the benefit of another (the dominant estate).

An easement gives the holder a limited, non-possessory right to use someone else’s land for a defined purpose—such as a right of way, drainage, or utility lines. Unlike ownership or leasehold, it does not transfer possession.

Easements may be created by agreement, prescription (continuous, open, and peaceful use for 3 years), or by law. To be enforceable against third parties, they must be registered in the land registry.

The Civil Act distinguishes between private easements (created by agreement or prescription) and public easements (established by statute or administrative decision for public use).

Statutory Text

An easement is a right to use another person's immovable property for the benefit of one's own immovable property.

— Civil Act, Art. 263 — Definition of Easement

Statutory Text

An easement may be acquired by prescription if it has been exercised continuously, openly, and peacefully for a period of three years.

— Civil Act, Art. 267 — Acquisition by Prescription

What to Do

Sources