What is a servient landowner?
Servient Tenement: The servient tenement, or servient estate, is typically the parcel or property which is permitted to be accessed or used. They are the property owner whose land is subject to the use and easement rights of the dominant estate.
What is a servient estate in property law?
Servient estate is a parcel of land that is subject to an easement and benefits another parcel of land. The most common easements are of an access nature. For example, a parcel of land (servient estate) may be subject to a right-of-way that provides access to another parcel (dominant estate).
What are the rights that property owner is entitled to?
Real estate owners have a “bundle of legal rights” that transfers to them when they purchase a property. The main legal property rights are the right of possession, the right of control, the right of exclusion, the right to derive income, and the right of disposition.
Can a landowner block a right-of-way?
As a general rule, the dominant tenement landowner cannot block a right of way for his benefit where the right of way is for passage or egress or ingress. Nor can the dominant tenement landowner require a substituted easement where the easement is impractical.
What is the difference between a servient estate and a dominant estate?
Land affected or “burdened” by an easement is called a “servient estate,” while the land or person benefited by the easement is known as the “dominant estate.” If the easement benefits a particular piece of land, it’s said to be “appurtenant” to the land.
What is a dominant parcel?
From Wikipedia, the free encyclopedia. A dominant estate (or dominant premises or dominant tenement) is the parcel of real property that has an easement over another piece of property (the servient estate).
Which must be true for a lease to be valid?
To be valid, a lease must meet the same essential elements as any other contract: capacity to contract, legal objectives, offer and acceptance, and consideration.
Can you put a gate across a public right of way?
A recent case has clarified that you cannot put a gate across a public right of way, even across part of it, if that puts people off using it. This is a map that shows all the rights of way in an area. Contact your local highways authority to find out where you can view the map.
Can a dominant owner transfer rights to a servient owner?
Because the servient owner retains all the rights to use the land that she hasn’t given away to the dominant owner, she can also transfer those rights to others.
What are the legal rights of an owner of a condo?
Condo laws vary by state so it’s important to check your local laws when determining legal rights for condo owners. Buying a condo affords you certain rights such as exclusive ownership of your unit, the authority to rent or lease the unit, and the freedom to use shared facilities without fees.
Can a servient owner give an easement to another owner?
Because the servient owner retains all the rights to use the land that she hasn’t given away to the dominant owner, she can also transfer those rights to others. In fact, unless the easement says otherwise, she can even give an easement to another company to maintain pipes in the same area,…
What happens if dominant tenant uses servient land?
If the dominant tenant uses the servient land in a way not authorized by the easement agreement, he has trespassed on the servient land. But often the parties aren’t specific about some or all of these aspects of the easement they create.