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
Maybe you’re studying for your real estate exam, or you heard the word from your real estate agent and didn’t know what it means. Whichever your reason, we’ll go ahead and ...
An official indicating intensity of land use in a zoned urban area. ...
Request of a local government's planning body to alter the zoning requirements based on a justifiable reason. ...
Small piece of carpet often placed under a door or at an entrance to a doorway. ...
The rate, usually expressed annually, charged on money borrowed or lent. The interest rate may be variable or fixed. The higher the risk, the higher the interest rate. Mortgage interest ...
payment of a debt before its due such as a mortgage payment or insurance premiums. ...
In everyday discourse, the term specifications describe various properties and features. They can be attributed to products, services, objects, and industries, such as real estate. What do ...
The geographic moving of an individual from one region to another usually because of a change in employment. Relocation normally involves the complete moving of the individual's ...
The term agricultural property means a type of land that has been designed or is permitted to engage in agricultural activities. Also referred to as agricultural land, agricultural ...
Have a question or comment?
We're here to help.