Servient


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Related to Servient: Servient tenement, servient estate

SERVIENT, civil law. A term applied to an estate or tenement by which a servitude is due to another estate or tenement. See Dominant; Servitude.

References in periodicals archive ?
With an appurtenant prescriptive easement, the value of the interest is deemed to be reflected in the property that is benefitted by the easement, and the easement is regarded as diminishing the value to the servient estate, in this case, the Beach Lot.
By contrast, the way that the Sampson court conceived fair use was analogous to the rights of an easement holder over a servient estate holder, where the servient estate holder has received the estate subject to an existing fair-use easement.
That servient symbolism has now been somewhat reversed, beginning with Ernest Cormier's purpose designed judicial building in 1939 and then the Constitution Act, 1982 and the new Canadian Charter of Rights and Freedoms; but the Court is still a creature of Parliament, existing solely on its statutory authority and not entrenched constitutionally.
change its natural manner of flow by collecting it in a ditch and discharging it upon the servient land at a different place or in a different manner from its original discharge.
Quebec's highly compartmentalized bijurality, for example, cannot be achieved by some gradual process of minor borrowing or even a series of legal exchanges between a dominant and a servient tradition.
and its servient allies that led to the weakening of the government -- and not that the support was withdrawn after the Hamas almost-government had become weakened and ineffective.
c) in the case of water servitudes, only those granted by the owner of the servient tenement.
Example: an easement, that is, a legal regime with the form of a connection between a servient tenement and a dominant tenement consisting in a burden (e.
59) In latter cases furthermore, the presumption against the enforcing party also does not exist if the restriction when it was imposed or created was not more burdensome to the servient estate(s) than similar restriction placed on the dominant estate.
is no fear that it will imperil the rights of the servient estate owner.
This good is inadequately protected by individual rights, however, because cultures are worth-conferring only insofar as they are taken as ontological ends requiring individual agents for their realization; and protecting them only through individual rights, as if they were goods wholly servient to individuals, already denies their status as ontological ends.

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