Sentence examples for servient estate from inspiring English sources

The burdened parcel is called the "servient estate" and the benefited parcel the "dominant estate".

The name is misleading, however, because the primary function of these agreements is to limit the development of the servient estate rather than to authorize the easement beneficiary to enter and use the land.

Here, the owner of the driveway is considered to have the servient estate whereas the easement-holder is considered to have the dominant estate.

If you are the servient estate holder, you can terminate an easement through prescription.

Depending on whether you are the dominant estate holder or the servient estate holder, you will have the option to terminate an easement by either abandonment or prescription.

If you are the servient estate holder, apart from blocking the other party's use of the easement, you must also do so openly.

Because appurtenant benefits and burdens cannot be assigned (transferred) or delegated to others, they remain with the owner or possessor of the dominant and servient estates.

When an easement is terminated by a merger, the dominant and servient estates come under common ownership.

Assuming that both the servient and dominant estates actually utilize the driveway, the ownership rights will be looked at as an easement-in-common by a court when allocating the costs of maintenance.

The owner on whose land the easement exists is the owner of the servient tenement.

There can be no servitude requiring the owner of the servient tenement to do something.