servient


Also found in: Legal.
Related to servient: Servient tenement, servient estate

servient

(ˈsɜːvɪənt)
adj
literary subordinate; subservient; subject to another
References in periodicals archive ?
affirmative obligations on the owner of the servient estate, see supra
1987) (concluding the drainage-easement holder was liable for flooding the servient estate due to his failure to repair the drainage system).
"In this case involving registered land, we consider, among other things, the effect of a reduction by the owner of the servient estate in the dimensions of an easement created for the purpose of permitting the easement holder access to a lot that otherwise has no direct access from a public way.
But no easement has ever allowed a party to participate in the operation or governance of a servient tenement, which is exactly the claim that Dale made against the Boy Scouts.
(45.) See Laitos & Getches, supra note 10, at 6 (observing that "[i]n most states, common law views the mineral estate as the 'dominant estate' and the surface estate as the 'servient estate'"); Ernest E.
Even assuming that common law principles of merger apply to statutory conservation restrictions (but see [the Massachusetts conservation easement enabling statute], allowing release of restriction only after public hearing and approval of town officials), an easement will not be extinguished at common law where an intervening life estate prevents complete unity of ownership in the dominant and servient estates.
This is because the servient tenement of an easement, or the parcel burdened by a covenant made by the grantor, will very likely be described in the double-duty deed in a manner that enables it to be found via a tract-based search online.
(85) Similarly, when the beneficiary of an easement releases it, there is no abandonment because the transfer necessarily benefits the owner of the servient tenement.
(72) In addition, Article 189 would clarify that a written and registered servitude will bind a transferee of the servient land use right.
(76) Though these industry-level unions dominate collective bargaining, the DGB plays a servient coordinating function across sectors after the metalworkers' IG Metall, and more recently and to a lesser extent, the public sector workers' OTV, set the trend in each round of wage negotiations.

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