Sonic Realty

Understanding Servient Tenement: Key Concepts and Considerations

Understanding Servient Tenement: Key Concepts and Considerations

In property law, the concept of servient tenement is not just a legal term, but a crucial aspect that directly influences property use, rights, and responsibilities, especially when dealing with easements. Whether you’re a property owner or a real estate professional, understanding servient tenement is not just beneficial, but essential. This blog post delves into the definition of servient tenement, its role in easements, and the practical implications for property owners, providing you with the knowledge you need to navigate property law with confidence.

What is Servient Tenement?

Let’s clarify the difference between the servient tenement and the dominant tenement in the context of easements. The servient tenement is the parcel of land over which an easement runs. This means that the owner of the servient tenement allows another party, the dominant tenement, to use a portion of their property for a specified purpose. In simpler terms, the servient tenement is the land burdened by the easement, while the dominant tenement is the land that benefits from the easement. Understanding this distinction is key to grasping the concept of servient tenement and its role in easements.

Role in Easements

Easements can be classified into two main categories: appurtenant easements and easements in gross. The concept of servient tenement is primarily relevant to appurtenant easements.

  • Appurtenant Easements: These easements attach to the land and benefit a neighboring property, the dominant tenement. Appurtenant easements are tied to the property, not the property owner, meaning the easement rights and obligations transfer with the property when sold. Common examples include rights of way, where the dominant tenement can pass through the servient tenement for access.
  • Easements in Gross: These easements benefit an individual or entity rather than a parcel of land and do not involve a dominant tenement. An example could be a utility company’s right to run power lines across a property. Here, the servient tenement still plays a role, as it is the land over which the easement runs.

Critical Considerations for Servient Tenement Owners

Owning a servient tenement comes with specific considerations that can affect the use and value of the property. Here are some critical points for servient tenement owners to keep in mind:

  1. Property Usage and Restrictions: The easement will restrict the servient tenement’s use. For instance, the owner cannot build structures interfering with the easement’s purpose. Understanding these restrictions is essential to avoid legal disputes.
  2. Maintenance Obligations: In some cases, the servient tenement owner may have maintenance responsibilities, especially if the easement is for a shared utility or access path. However, often, these responsibilities fall to the dominant tenement owner. Clarifying maintenance duties is crucial to prevent conflicts.
  3. Impact on Property Value: Easements can affect the property value of the servient tenement. While they can potentially decrease value due to the burden and restrictions, they can also increase value if the easement benefits the property indirectly, such as through improved access.
  4. Legal Disputes and Resolutions: Disputes can arise regarding using and maintaining easements. Servient tenement owners should ensure that easements are well-documented and clearly defined in property deeds. Consulting with a legal professional can help resolve conflicts and ensure compliance with easement terms.
  5. Disclosure During Sale: When selling a property that serves as a servient tenement, it is essential to disclose the existence of any easements to potential buyers. Transparency is crucial to avoid legal issues and ensure a smooth transaction.
  6. Negotiation and Modification: In some cases, it may be possible to negotiate the easement terms with the dominant tenement owner. If circumstances change, both parties can agree to modify or terminate the easement, provided it is done legally and documented appropriately.

Conclusion

The servient tenement is fundamental in property law, particularly concerning easements. For property owners, understanding the implications of being a servant tenement is crucial for managing property rights and responsibilities effectively. By comprehending the restrictions, maintenance obligations, potential impact on property value, and the importance of clear documentation, servient tenement owners can navigate their property with confidence and legal assurance. This knowledge ensures harmonious relationships with dominant tenement owners and maintains the property’s overall value and usability.

Weekly News

DJ Peterson

Website:

Affiliated Business Arrangement Disclosure Statement
This is to give you notice that Sonic Loans Inc., Sonic Title Agency LLC, and Sonic Realty LLC have a business relationship. The nature of the relationship between the Referring Party and the provider(s), including percentage of ownership interest, if applicable, is: Sonic Loans Inc., Sonic Title Agency LLC, and Sonic Realty LLC are all 100% owned by the same party. Because of this relationship, this referral may provide any of the above parties with financial or other benefit.
A. Set forth below is the estimated charge or range of charges for the settlement services listed. You are NOT required to use the listed provider(s) as a condition for settlement of your loan on, or purchase, sale, or refinance of, the subject property.
THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.
Provider and Settlement ServiceCharge or Range of Charges
Sonic Realty LLC1%-6% of purchase price
Sonic Title Agency, LLC Title Insurance Policy: $950 - $1706 on a $250,000 property. (Rates vary and are dependent on the state, selling price, and loan amount on the property.)
Title Search Fee: $250 - $325 (where applicable)
Closing Fee: $450 - $650
Sonic Loans Inc.

This company provides various real estate mortgage loan origination activities either as a third-party originator or a mortgage broker, including loan pre-qualification, competitive bid process (when providing third-party origination services), loan origination, loan pre-approval, loan structuring, processing, and closing.

Loan Origination Charge: 0-3 % of loan amount (may include 3rd party fees)
Loan Discount Fee/points: 0.5%-6% of loan amount.
Application/Processing Fee: $0.00 - $875.00
Flood and tax service: $0.00 - $95.00
Underwriting Fee: $0.00 - $1295.00
Document Review Fee: $0.00 - $400.00
Appraisal Fee: $0.00 - $850.00
Credit Report Fee: $0.00 - $135.00

Actual charges may vary according to the particular lender selected, the particular services provided, and the underlying transaction, borrower selections, etc. Some or all of these fees may be charged by third parties and/or the Member Mortgage Lender/Mortgage Broker. The Member Lenders and Mortgage Brokers have agreed to pay a fee ranging from 0.5% to 2.75% of the loan amount to Sonic Loans in connection with a range of loan origination services provided by Sonic Loans to the Member Lender/Mortgage Broker. The fees are paid either directly to Sonic Loans by the Member Lender/Mortgage Broker or billed directly to you at closing.
B. Set forth below is the estimated charge or range of charges for the settlement services of an attorney, credit reportingagency, or real estate appraiser that we, as your lender, will require you to use, as a condition of your loan on this property, to represent our interests in the transaction.
Sonic Loans Inc. provides mortgage lender/broker services. Sonic Realty LLC provides real estate brokerage services. Sonic Title Agency LLC provides title insurance and settlement services.

Provider and Settlement ServiceCharge or Range of Charges
Appraisal Fee$0-$800
Credit Report Fee$63-$125
 Actual charges may vary depending on the lender and loan program selected which can be found on your loan estimate.
ACKNOWLEDGMENT
I/we have read this disclosure form and understand that Sonic Loans Inc., Sonic Realty, LLC, or Sonic Title Agency LLC are referring me/us to purchase the above-described settlement service(s) and may receive a financial or other benefit as the result of this referral.