Servient Tenement
The property that is burdened by an easement, meaning it must allow another party (the dominant tenement) to use a portion of the land for a specific purpose. The servient property owner retains ownership but cannot interfere with the easement rights. This relationship typically involves access rights, utilities, or other necessary uses that benefit the dominant property.
Example
“John's property was the servient tenement, meaning he had to allow his neighbor to use the driveway easement to reach the back lot.”
Memory Tip
Servient sounds like 'servant' - the servient property serves the other property by allowing the easement use.
Why It Matters
Property owners need to understand any easement burdens on their land as they can limit development options and require ongoing accommodation of others' usage rights. These easements can affect property value and future development plans.
Common Misconception
Servient property owners often think they can revoke easement rights if they become inconvenient, but easements typically run with the land and bind future owners.
In Practice
Property A (servient tenement) must allow the owner of landlocked Property B (dominant tenement) to use a driveway easement for access, even if Property A is sold to new owners who would prefer to eliminate the shared driveway.
Etymology
From Latin 'serviens' meaning 'serving' and 'tenementum' meaning 'holding,' literally describing the property that serves or is burdened by providing access to another.
Common Misspellings
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