Certified Residential Appraiser Practice Exam

In the context of easements, the term "servient estate" refers to what?

1. The land benefiting from the easement

2. The land providing the benefits of the easement

3. The land under lease agreement

4. The land undergoing development

The correct answer is: The land providing the benefits of the easement

In the context of easements, the term "servient estate" indeed refers to the land providing the benefits of the easement. An easement is a legal right to use another person’s land for a specific purpose. The servient estate is the property that is burdened by the easement and allows the holder of the easement (the dominant estate) to make specific use of the land. For example, if a property owner has an easement to cross their neighbor's property for access to a road, the neighbor's property is considered the servient estate because it is the land providing the access or benefit. This distinguishes the servient estate from the dominant estate, which is the property that benefits from that easement. Understanding this distinction is critical for appraisers and real estate professionals, as it has implications on property value and rights associated with each parcel of land.