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servient estate

   Also found in: Dictionary/thesaurus, Legal, Encyclopedia, Wikipedia 0.01 sec.
servient estate

See servient tenement.



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In the specific case of easement values, another tool that can provide insights is a bargaining model, in which it is recognized that the grantee needing access to the servient estate also may be in a unique position to confer monetary benefits to that land's owner.
212) Despite dicta that the rule might be different for 1875 Act lands, the Udall court affirmed the position that the location of a railroad right-of-way across a tract of public land of the United States does not separate the servient estate from the public domain with the result that title to the servient estate passes without express mention in a subsequent grant by the United States of the traversed tract.
174) In this case, because the easement was created consensually, there is no fear that it will imperil the rights of the servient estate owner.
 
 
 
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