Rwanda
Ministerial Order determining Types of Servitude
Ministerial Order 8 of 2022
- Published in Official Gazette 23 bis on 6 June 2022
- Assented to on 12 May 2022
- Commenced on 6 June 2022
- [This is the version of this document from 6 June 2022.]
Article One – Purpose of this Order
This Order determines types of servitude and modalities for implementation.Article 2 – Types of servitude
Types of servitude are the following:1°a pathway leading to one’s parcel;2°a pathway to access water;3°a pathway to reach the river or the lake.Article 3 – Circumstances for servitude
A land owner conveys a servitude:1°if his or her neighbour needs a pathway leading to the neighbour’s parcel, when there is not any other option;2°if people need a pathway to access water from a well found on his or her land, when the well has not been dug by the land owner;3°if people need a pathway to reach the river or the lake, when there is not any other option.Article 4 – Measurements of servitude
The servitude is not less than one meter (1 m) and cannot exceed one and a half meter (1.5 m).Article 5 – Modalities for conveying servitude
A person who wants a servitude makes a request, in writing, to the landowner, with a copy to the authority of the Cell where the land is located.The landowner determines the area in which the servitude is set, free of charge, on the basis of the nature of the area, within the period of thirty (30) days from the date of receipt of the request.If the period expires and the land owner has not determined the area in which the servitude is set, the applicant submits, in writing, the issue to the authority of the Cell where the land is located, for solution, with a copy to the land owner.Article 6 – Commencement
This Order comes into force on the date of its publication in the Official Gazette of the Republic of Rwanda.History of this document
06 June 2022 this version
Commenced
12 May 2022
Assented to