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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.
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, even though it would remain a deeded document.
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 negative rights, which restrict the use of land. [9] Rights which are excessive in nature are equally unlikely to be upheld.
Provided that the servient tenement is a freehold or leasehold with more than seven years remaining, profits in gross created over that registered servient tenement on or after 13 October 2003 [22] must be substantively registered with HM Land Registry in order to take effect at law. [23]
When a servient estate exists but the servient owner cannot be determined, and where the law allows, a dominant owner may be granted a servitude right a non domino, i.e. absent the servient owner. In this event, the dominant owner will generally not be indemnified by the land registry for the statutory prescriptive period.
A dominant estate (or dominant premises or dominant tenement) is the parcel of real property that has an easement over another piece of property (the servient estate).The type of easement involved may be an appurtenant easement that benefits another parcel of land, or an easement appurtenant, that benefits a person or entity.
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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.