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Define Servient Estate in Real Estate
Servient Estate:
A "servient estate" is a property that is subject to an easement. An easement is a right that allows someone else to use or access a portion of the property, even though they don't own it.
Example:
A working example of a servient estate would be if you owned a property with a driveway that crossed over your neighbor's property. In this case, your neighbor's property would be the servient estate, as it is subject to the easement allowing you to use the driveway.
"A Deep Dive for Real Estate Agents and Appraisers"
Here are the main differences between a dominant estate and a servient estate in real estate:
Definition: A dominant estate is a property that benefits from an easement right, allowing the owner to use or access a portion of a neighboring property. A servient estate, on the other hand, is a property that is subject to an easement right, allowing someone else to use or access a portion of the property.
Ownership: The owner of the dominant estate is the one who benefits from the easement right, while the owner of the servient estate is the one who is subject to the easement right.
Usage: The owner of the dominant estate is allowed to use or access a portion of the servient estate, while the owner of the servient estate must allow the owner of the dominant estate to use or access a portion of their property.
Easement Type: There are two types of easements that can create a dominant estate and servient estate relationship: appurtenant easements and easements in gross. An appurtenant easement benefits a particular property (dominant estate) and burdens another property (servient estate). An easement in gross benefits a particular person or entity and does not require a dominant estate.
Overall, the differences between a dominant estate and a servient estate are important to understand in real estate transactions involving easements. The owner of the dominant estate benefits from the easement right, while the owner of the servient estate must allow the use or access to their property.
"Wit & Whimsy with the Dumb Ox: Unlocking Knowledge with Rhyme:"
A servient estate, subject to an easement right,
Allows others to use it day or night.
Like a driveway crossing over a neighbor's land,
It's subject to the easement, so it's not so grand.