Affiliate Broker Tennessee (TN PSI) National Practice Exam `

What type of property does Frank have if it has a walkway to the beach shared by his neighbors?

1. Dominant estate

2. Servient estate

3. Commercial estate

4. Leasehold estate

The correct answer is: Servient estate

Frank possesses a servient estate in this scenario. A servient estate refers to a property that is encumbered by an easement, which is a legal right that allows others to use a part of the property for a specific purpose. In this case, the walkway to the beach that is shared by Frank and his neighbors indicates that Frank's property serves as the route for accessing the beach. The easement does not diminish the ownership of Frank's property but rather permits others to use a portion of it, thereby making it a servient estate. This arrangement allows the neighbors to benefit from the walkway while Frank retains ownership of the property itself, living within the legal obligations of the easement. Understanding this concept is essential when discussing property rights, as it highlights the coexistence of personal property rights and shared access among multiple property owners.