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Servient Estate - Law Dictionary Search Results

Home Dictionary Name: servient estate

servient estate

servient estate see estate ...


servitude

servitude 1 : a condition in which an individual lacks liberty esp. to determine his or her course of action or way of life ;specif : the state of being a slave [involuntary ] see also Amendment XIII and Amendment XV to the Constitution in the back matter 2 : a right by which property owned by one person is subject to a specified use or enjoyment of another used chiefly in the civil law of Louisiana see also dominant estate and servient estate at estate compare easement apparent servitude : a predial servitude whose existence is perceivable by exterior signs or works (as an aqueduct or road) on the property legal servitude : a predial servitude that is created by a limitation under the law on the use of the property natural servitude : a predial servitude that arises from the situation of the estates (as from one being situated downhill from another) personal servitude : a servitude that burdens property in favor of a specific named person see also right of use, usufruct pre...


easement

easement [Anglo-French esement, literally, benefit, convenience, from Old French aisement, from aisier to ease, assist] : an interest in land owned by another that entitles its holder to a specific limited use or enjoyment (as the right to cross the land or have a view continue unobstructed over it) see also dominant estate and servient estate at estate compare license, profit, right of way, servitude affirmative easement : an easement entitling a person to do something affecting the land of another that would constitute trespass or a nuisance if not for the easement compare negative easement in this entry apparent easement : an easement whose existence is detectable by its outward appearance (as by the presence of a water pipe) ap·pur·te·nant easement [ə-pərt-n-ənt-] : easement appurtenant in this entry common easement : an easement in which the owner of the land burdened by the easement retains the privilege of sharing the benefits of the easeme...


Easement

Easement, An easement is a right which the owner or occupier of certain land possesses, a such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own. [Easement Act, 1882 (5 of 1882), s. 4]Easement, a privilege without profit which the owner of one neighbouring tenement hath of another, existing in respect of their several tenements, by which the owner of the one (called the servient) tenement is obliged to suffer, or not to do something on his own land, for the advantage of the owner of the other (called the dominant) tenement, e.g., a right of way, a right of passage of water. It is the servitus of the Civil Law. An easement being a mere right without profit must be distinguished from a profit a prendre (q.v.), which confers a right to take something from the servient tenement. Instances of easements are rights of way, light, support, or fl...


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