Servient Estate
Definition of "Servient estate"
As the term “servient” comes from the root word “serve” and to serve means to perform a duty or a service for another entity, its meaning is easy to define. The term servient estate refers to an estate or property that is subject to being used for the benefit of another property. These benefits can come in the form of easements, rights of way, or rights of access. These rights are granted by law and are passed through purchasing contracts.
How does a Servient Estate work?
Upon purchasing a property, the contract can specify that there is an easement across the lot. This means that another property owner has the legal right to use part of the property to access their property. In this case, the property that grants access is the servient estate, while the property being granted access is the dominant estate.
When an easement is specified and granted in a contract, it gives the easement owner a nonpossessory interest in another property. The easement owner is the owner of the dominant estate, while the one required to allow the easement is the owner of the servient estate. There are different types of easements, from those that would enable the use of someone else’s land to those that limit the servient estate owners from blocking access to view or sunlight. Important to note that the servient estate owner can use the land or property in any way they want as long as they don’t limit the dominant estate owner’s easement on that land.
When purchasing a property, it is essential to know if it is a servient estate. For this, one should check for easements because if there is a dominant estate with only one access to the beach, which is by the servient house, it can impact the property’s price. Usually, suppose there is an easement on the property that makes it a servient estate. In that case, the price should be lowered because it may limit the owner’s privacy and give the dominant estate owner nonpossessory interest in the servient estate.
Popular Real Estate Terms
Requires collateral to secure the debt. An example of collateral might be one's home. ...
The accelerated depreciation definition is a type of depreciation that makes it possible for a homeowner or real estate investor to depreciate their property faster than the straight-line ...
Protection over and above that of an insurance policy or warranty. ...
Recognizes profit on a long-term construction contract as it is earned gradually during the construction period. This approach is preferred over the completed contract method because it ...
Vendee refers to a person to whom something is sold. The meaning of vendee is a buyer of goods and services. A more common term for vendee is a purchaser. While a vendor is a seller, the ...
If you’re a renter and you own a pet, you might be familiar with the term pet rent. There has been a lot of discussion about the meaning of pet rent and controversy as it isn’t ...
Person's title to real estate giving him exclusive power and rights owner it. ...
(1) Craft of one who fabricates fine cabinets, furniture, or woodwork. (2) General term describing interior wood finish work performed by cabinetmakers instead of carpenters. (3) Built-in ...
A landowner may not divert or redirect a natural occurring waterway from his or her property causing damages to another property. Waterway is normally construed to mean streams and rivers ...
Have a question or comment?
We're here to help.