servient estate


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Related to servient estate: Servient tenement

servient estate

See servient tenement.

References in periodicals archive ?
The court stated that it has long been the law in New Hampshire that property owners holding a ripened prescriptive easement appurtenant do not lose this property right when the servient estate is sold for taxes.
Adverse use by one member of a class is insufficient to give a servient estate owner notice that all members of a class are asserting prescriptive rights, according to the Supreme Judicial Court of Maine.
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.
The court then noted that an easement holder has the right to make incidental uses beyond the express easement if the uses are necessary for enjoyment of the easement and do not unreasonably injure the servient estate.