Servient Estate

Servient Estate: Definition and Explanation

A servient estate is a parcel of land that is subject to an easement. An easement is a non-possessory right granted to another party to use the land for a specific purpose without owning it. This means the servient estate must allow certain uses of its property to benefit another parcel of land, known as the dominant estate.

Key Points:

• Definition: A servient estate is a piece of land burdened by an easement, which benefits another property.
• Easements: These can include rights-of-way, utility lines, or other specific uses that the servient estate must accommodate.
• Relationship with Dominant Estate: The servient estate serves the dominant estate by allowing access or use of its land as specified by the easement agreement.

Examples:

• Right-of-Way: A common example is when a servient estate allows a right-of-way to provide access to a landlocked property, which is the dominant estate.
• Utility Easements: Utility companies may have easements on servient estates to lay cables or pipes.

Importance in Property Law:

Servient estates play a crucial role in property law by facilitating access and use between different parcels of land, ensuring that property rights are balanced and respected.