servient estate


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Related to servient estate: Servient tenement

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)

References in periodicals archive ?
Alice also failed to satisfy the requirement of 'least prejudicial to the servient estate (Valentine's estate.
have notice that a servitude exists on a servient estate in the event
165) Then, the template ordinance defines pertinent terms like watershed, drainage project, and servient estate.
The court stated that it has long been the law in New Hampshire that property owners holding a ripened prescriptive easement appurtenant do not lose this property right when the servient estate is sold for taxes.
It often involves blocking access to easement routes or erecting structures on easement-encumbered land in a way that interferes with the use of the servient estate.
They are to be exercised in a way least inconvenient for the servient estate.
Adverse use by one member of a class is insufficient to give a servient estate owner notice that all members of a class are asserting prescriptive rights, according to the Supreme Judicial Court of Maine.
pass across the servient estate before any judicial decision or
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.
The court then noted that an easement holder has the right to make incidental uses beyond the express easement if the uses are necessary for enjoyment of the easement and do not unreasonably injure the servient estate.
The use of EFS ratios in appraisal is limited to the application of the inverses of these ratios in before-and-after valuation to determine market value of the servient estate (i.