A servient estate refers to a piece of property that is subject to an easement, which is a legal right granted to someone else to use the property for a specific purpose. The owner of the servient estate is obligated to allow the holder of the easement to use their property in the designated manner. This can include allowing access to a neighbouring property, such as a driveway or pathway, or granting permission for utilities to pass through the property. The servient estate owner still retains ownership of the property but must accommodate the rights of the easement holder.
A servient estate refers to a property that is subject to an easement or other rights of use by another property owner.
An easement is a legal right that allows someone to use another person’s property for a specific purpose, such as accessing a road or utility lines.
In general, a servient estate owner cannot deny access to the dominant estate owner if there is a valid easement in place. However, there may be certain circumstances where access can be restricted or limited.
A servient estate owner generally cannot modify or alter the easement without the consent of the dominant estate owner. Any changes to the easement would require a formal agreement or court approval.
In some cases, a servient estate owner may be entitled to compensation for granting an easement. This would typically be negotiated between the parties involved or determined by a court if an agreement cannot be reached.
In most cases, a servient estate owner cannot unilaterally terminate an easement. Termination would typically require the consent of the dominant estate owner or a court order.
Generally, a servient estate owner cannot build structures or make improvements on the easement that would interfere with the rights of the dominant estate owner. Any changes to the easement would require the consent of the dominant estate owner or court approval.
The sale of a servient estate does not typically affect the easement rights of the dominant estate owner. The easement would continue to exist and be binding on the new owner of the servient estate.
A servient estate owner may be held liable for accidents or injuries that occur on the easement if they were negligent in maintaining the property or if they created a dangerous condition. However, liability may also depend on the specific circumstances and applicable laws.
A servient estate owner can challenge the validity of an easement in certain situations, such as if it was obtained through fraud or if the easement is no longer necessary. However, challenging the validity of an easement can be complex and may require legal assistance.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 13th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/servient-estate/
- Modern Language Association (MLA):Servient Estate. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/servient-estate/.
- Chicago Manual of Style (CMS):Servient Estate. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/servient-estate/ (accessed: May 09 2024).
- American Psychological Association (APA):Servient Estate. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/servient-estate/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts