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8 - Servitude and Habitation Right

Published online by Cambridge University Press:  09 July 2025

Lei Chen
Lei Chen
Affiliation:
University of Durham
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Summary

This chapter outlines the essential characteristics of servitude, including its creation through written contracts, its binding nature on successive property owners, and the necessity of registration for enforceability against third parties.

The second section focuses on habitation rights, a form of personal servitude allowing individuals to reside in a property owned by another. It explains the creation of habitation rights through contracts and wills, highlighting the mandatory registration process to ensure these rights are recognized against third parties. The chapter examines the interaction between habitation rights and other property interests, such as mortgages and bona fide purchasers, emphasising the legal protections and potential conflicts that arise.

By providing a comprehensive overview of servitude and habitation rights, this chapter offers readers a detailed understanding of these unique property interests and their practical implications in the Chinese legal system.

Keywords

servitudehabitationcontractusufructregistration

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Type
Chapter
Information
Property Law in China
Transition and Trend
 , pp. 223 - 242
Publisher: Cambridge University Press
Print publication year: 2025

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