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Define Dominant Estate in Real Estate
Dominant Estate:
A "dominant estate" is a term used in real estate to describe a property that benefits from a specific right or privilege, often called an easement, over another property. An easement allows the owner of the dominant estate to use a portion of the neighboring property, called the servient estate, for a specific purpose like accessing their property, using a shared driveway, or having a utility line run through it.
Example:
For example, imagine your house is located behind another house, and the only way to reach the street is by using a driveway that goes through your neighbor's property. In this case, your property would be the dominant estate because it benefits from the easement allowing you to use your neighbor's driveway. Your neighbor's property would be the servient estate.
"A Deep Dive for Real Estate Agents and Appraisers"
Here are the main differences between a dominant estate and a servient estate in real estate:
Definition: A dominant estate is a property that benefits from an easement right, allowing the owner to use or access a portion of a neighboring property. A servient estate, on the other hand, is a property that is subject to an easement right, allowing someone else to use or access a portion of the property.
Ownership: The owner of the dominant estate is the one who benefits from the easement right, while the owner of the servient estate is the one who is subject to the easement right.
Usage: The owner of the dominant estate is allowed to use or access a portion of the servient estate, while the owner of the servient estate must allow the owner of the dominant estate to use or access a portion of their property.
Easement Type: There are two types of easements that can create a dominant estate and servient estate relationship: appurtenant easements and easements in gross. An appurtenant easement benefits a particular property (dominant estate) and burdens another property (servient estate). An easement in gross benefits a particular person or entity and does not require a dominant estate.
Overall, the differences between a dominant estate and a servient estate are important to understand in real estate transactions involving easements. The owner of the dominant estate benefits from the easement right, while the owner of the servient estate must allow the use or access to their property.
"Wit & Whimsy with the Dumb Ox: Unlocking Knowledge with Rhyme:"
In the world of homes and land, some rules apply,
Like when one property needs help, from another nearby.
The "dominant estate," you see, is the one that gains,
A special kind of right, to use the other's lanes.
Imagine now, a house that's hidden, tucked away,
Behind another, with no access to the day.
To reach the street, a path must cross the neighbor's land,
A shared agreement, an easement, so they understand.
The dominant estate, in this little tale,
Is the house that's hidden, behind the other's trail.
It benefits from using, the neighbor's property,
A right to cross, a right to pass, to move so easily.