What is an example of a servient tenement?
What is an example of a servient tenement?
Servient tenement is a parcel of land that is subject to an easement and benefits another parcel of land. For example, a parcel of land (servient tenement) may be subject to a right-of-way that provides access to another parcel (dominant estate). Also termed servient property; servient estate; lower estate.
What is the difference between dominant tenement and servient tenement?
The party gaining the benefit of the easement is the dominant estate (or dominant tenement), while the party granting the benefit or suffering the burden is the servient estate (or servient tenement). For example, the owner of parcel A holds an easement to use a driveway on parcel B to gain access to A’s house.
Who is responsible for maintaining an easement in California?
The owner
(a) The owner of any easement in the nature of a private right-of-way, or of any land to which any such easement is attached, shall maintain it in repair.
What is the difference between a right of way and an easement?
An easement gives people or organizations the right to access and use your property in specific situations for a limited purpose. A right of way is a type of easement that establishes the freedom to use a pathway or road on another’s property without conferring ownership.
Who is responsible for maintaining an easement property?
the owner
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
What’s the difference between an easement and a right of way?
Easements are nonpossessory interests in real property. More simply, an easement is the right to use another’s property for a specific purpose. Rights-of-way are easements that specifically grant the holder the right to travel over another’s property.