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A business owner sells the back half of his lot to a developer. The developer is granted an Easement Appurtenant to cross the business owner's property to get to the street. The business owner's property is the____________.

1) Dominant estate
2) Servient estate
3) Easement by necessity
4) D. Easement in gross

1 Answer

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Final answer:

The business owner's property is considered the servient estate when an easement appurtenant is granted, allowing another property to benefit from access through it. Easements are significant in land use and can also protect public interests like conservation, while eminent domain is the power of the government to take private land for public use.

Step-by-step explanation:

The business owner's property, in the case where an easement appurtenant is granted to allow the developer to cross to get to the street, is known as the servient estate. The servient estate is the property that must permit the use or benefit for the sake of another property, known as the dominant estate. This is a common situation in real estate, where one property owner requires access through another's property to reach public spaces like streets or utilities. An easement appurtenant is one that runs with the land, meaning it persists through changes in the ownership of the involved properties.

Easements are important tools in land use planning, not only for access purposes but also for public objectives such as conservation and the preservation of open space, which benefits the public by maintaining green areas. Conversely, eminent domain is a government power that allows for the compulsory acquisition of private land for public use, as long as fair compensation is given.

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