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A servient estate (or servient premises or servient tenement) is a parcel of land that is subject to an easement.The easement may be an easement in gross, an easement that benefits an individual or other entity, or it may be an easement appurtenant, an easement that benefits another parcel of land.
Prescription may also be used to end an existing legal easement. For example, if a servient tenement (estate) holder were to erect a fence blocking a legally deeded right-of-way easement, the dominant tenement holder would have to act to defend their easement rights during the statutory period or the easement might cease to have legal force ...
Quebec law distinguishes between predial and personal servitudes. A predial servitude is a perpetual real right in the property of another (the servient estate) which confers on the owner of the dominant estate permanent, specific entitlements of use and enjoyment (beneficial interest) of the servient estate.
The right must therefore be certain and definite in its purpose, and more importantly, that the courts are willing to recognise it as a right capable of being an easement. Many claimed rights fail this last criterion, for example, rights which require positive action by the owner of a servient tenement are unlikely to be granted, as are ...
The easement may also be an affirmative easement, that permits a person to do something on the servient estate, or a negative easement that allows the holder of the easement to restrict activity on the servient estate. Estate is a common law concept.
The easement contains pipes that supply water to 360,000 residents. The problem is that those pipes are now nearly 100 years old, so a rupture could happen at any time, resulting in untold damages.
In Roman law, the praedial servitude or property easement (in Latin: iura praedorium or servitutes praediorum), or simply servitude (servitutes), consists of a real right the owners of neighboring lands can establish voluntarily, in order that a property called servient lends to other called dominant the permanent advantage of a limited use. As ...
It established that an arrangement for a future extension of easement rights over specific other land would require a specific parcel of dominant land too. Simply agreeing that wherever any dominant land is extended (to an incertain extent) the easement on the servient land will be extended (even to a certain degree) is insufficient.