What Is a Servient Estate in Real Estate?
A servient estate is the property that is burdened by an easement—meaning another party or property has the legal right to use part of it. The servient estate must permit this use, even though it still owns the land.
How a Servient Estate Works
Easements allow one party (the dominant estate or easement holder) to use part of another party’s land (the servient estate) for a specific purpose such as access, utilities, or drainage.
Key features of a servient estate:
- The landowner retains full ownership of the property
- They must allow the easement holder to use the affected area
- The owner cannot interfere with the easement’s lawful use
- Easements often transfer to new owners when the property is sold
Many easements are created through deeds, plats, long-term use, or by necessity when no alternative access exists.
Example of a Servient Estate
Property A needs a driveway across Property B to reach a public road.
- Property A is the dominant estate because it benefits from the easement.
- Property B is the servient estate because it must allow the driveway access.
- The easement remains in place even if Property B is sold to a new owner.
Why Servient Estates Matter
- Easements reduce some property rights of the servient estate owner
- They may affect property value and marketability
- Easements typically must be disclosed to buyers
- They determine responsibilities such as maintenance and access
- Knowing whether your land is servient prevents legal disputes
Related Real Estate Terms
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