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servient estate

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servient estate n. real property which has an easement or other use imposed upon it in favor of another property (called the "dominant estate"), such as right of way or use for access to an adjoining property or utility lines. The property giving usage is the servient estate, and the property holding usage of the easement is the dominant estate. (See: easement, dominant estate)
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In the specific case of easement values, another tool that can provide insights is a bargaining model, in which it is recognized that the grantee needing access to the servient estate also may be in a unique position to confer monetary benefits to that land's owner.
Expert testimony: regression analysis and other systematic ... by Colwell, Peter F.; Heller, John A.; Trefzger, Joseph W. / Appraisal Journal
212) Despite dicta that the rule might be different for 1875 Act lands, the Udall court affirmed the position that the location of a railroad right-of-way across a tract of public land of the United States does not separate the servient estate from the public domain with the result that title to the servient estate passes without express mention in a subsequent grant by the United States of the traversed tract.
The shifting sands of property rights, federal railroad grants, and ... by Wright, Danaya C. / Environmental Law
174) In this case, because the easement was created consensually, there is no fear that it will imperil the rights of the servient estate owner.
Of property and federalism by Bell, Abraham; Parchomovsky, Gideon / Yale Law Journal
 
 
 
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