Property Ownership
In New York, a 'servient estate' in an easement is:
AThe property that benefits from the easement
BThe property burdened by the easement (over which the easement holder exercises rights)✓ Correct
CGovernment-owned land subject to easements
DLand held in trust
Explanation
In an easement appurtenant, the servient estate is the property that bears the burden of the easement—the land over which the easement right is exercised. The dominant estate is the property that benefits from the easement.
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Key Terms to Know
Easement
A non-possessory right to use another person's land for a specific purpose.
DeedA written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
EncumbranceAny claim, lien, charge, or liability attached to real property that affects its value or limits its use.
LienA financial claim against a property that serves as security for a debt or obligation, giving the creditor the right to foreclose if unpaid.
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