Servient estate
The parcel burdened by an easement.
The servient owner keeps full ownership and may use the strip in any way that does not unreasonably interfere with the easement holder's rights.
Maintenance duties depend on the easement document and, absent one, on state default rules.
Why it matters when you buy
If your lot is servient, expect limits on fencing, planting, grading, and building inside the burdened strip.
How it reads in a real document
“Subject to an easement over the westerly 20 feet for the benefit of the adjoining parcel; the servient owner shall not obstruct the easement area.”
You own the 20 feet and pay taxes on it, but “shall not obstruct” controls what you can put there. Gates, plantings, parked vehicles, and grade changes can all count as obstruction.
The mistake people make
Fencing the strip for privacy. Blocking the easement is the fastest route to an injunction and the neighbor's legal fees.
What to do next
- Read the exact scope: what uses are allowed, and at what hours or intensity.
- Ask whether a gate or removable barrier is permitted, and get any agreement in writing.
- Confirm who pays for maintenance and for damage caused by the holder's use.
What it does to value
The servient estate carries the deduction. Appraisers typically value the corridor at a percentage of fee value reflecting the uses you keep, then add damage to the remainder -- and in reported cases that remainder figure is frequently the larger of the two.
What is not true
It is not true that you lose the strip. You still own it, still pay taxes on it, and keep every use that does not interfere with the holder.
Questions people ask
What can I still do with the easement strip?
Anything that does not unreasonably interfere with the holder's rights -- commonly mowing, grazing, gardening, parking and sometimes fencing with a gate. Permanent structures are the usual line, because they obstruct the access the easement exists to provide.
Can I relocate the easement to a less inconvenient spot?
With the holder's written agreement, frequently yes, and some states permit relocation at the servient owner's expense where the holder's use is not materially harmed. Expect to pay for the move and to record a replacement description.
Am I liable if someone is hurt on the easement?
It depends on who created the hazard and what the instrument says about maintenance and indemnity. Well-drafted commercial easements allocate this explicitly; older neighbor-to-neighbor easements often do not, which is a reason to revisit the document.
Related terms
Where this comes up
Homeowner questions where “servient estate” decides the answer:
- Can an easement be moved to a different part of the property?
- Who owns the land under an easement?
- What is an easement in gross?
- Can I be paid for an easement on my land?
- How do I sell a house with an easement?
Time limits differ by state - see the prescriptive easement period where your property is.
Wondering what an encumbrance like this is worth? Estimate the effect on property value.
General educational reference only. Prescription periods and their exceptions change, and several states set the period by case law rather than by statute. Read the linked official code and consult a licensed attorney in that state before relying on any of it.
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