Dominant Tenement
Definition
A dominant tenement is a piece of land that benefits from an easement on another piece of land. The land that holds the easement, providing specific rights or uses to the dominant tenement, is known as the servient tenement. Typically, these two parcels of land are adjacent or in close proximity to one another.
Examples
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Access Easement:
A property owner (dominant tenement) receives the right to cross a neighbor’s land (servient tenement) to reach a public road.
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Utility Easement:
A dominant tenement might benefit from a servient tenement’s land where power lines or water pipes are laid out to serve the dominant property.
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Right of Way:
A recreational space (dominant tenement) might hold an easement allowing it to use a servient tenement’s pathway for access by the public.
Frequently Asked Questions
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Can the owner of the servient tenement revoke the easement?
Generally, no. Easements are legally binding agreements that can’t be revoked unilaterally by the servient tenement owner.
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What happens if the dominant tenement is sold?
If the dominant tenement is sold, the easement typically transfers with the property, benefitting the new owner.
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Can a dominant tenement have multiple servient tenements?
Yes, a dominant tenement can benefit from easements on multiple servient tenements for different purposes.
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Who is responsible for maintaining the easement?
Maintenance responsibilities can vary but are generally detailed in the easement agreement. Often, the dominant tenement owner bears these responsibilities.
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Can an easement be terminated?
Yes, easements can be terminated under specific circumstances, such as mutual agreement, abandonment, or the merger of the parcels under one owner.
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Servient Tenement:
The parcel of land that is subject to the easement and provides a benefit to the dominant tenement.
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Easement:
A legal right to use another’s land for a specified purpose, such as access or utilities.
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Right of Way:
A type of easement allowing passage through the servient tenement’s land.
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Prescriptive Easement:
An easement acquired through continuous and open use without permission for a statutory period.
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Utility Easement:
An easement that allows utilities to place infrastructure such as power lines or pipelines on the servient tenement.
Online Resources
References
- “The Law of Easements and Licenses in Land” – Jon W. Bruce & James W. Ely Jr.
- “Property: Principles and Policies” – Hanoch Dagan
Suggested Books for Further Studies
- “Easements Relating to Land Surveying and Title Examination” by Donald A. Wilson
- “The Law of Easements, Covenants and Licenses in Land” by Leonard Augustus Jones
- “Handbook on Easements: The Law and Practice” by J.C.J.B. Mitchel
Real Estate Basics: Dominant Tenement Fundamentals Quiz
### What is a dominant tenement?
- [ ] A property that serves utilities to neighboring properties.
- [ ] A parcel of land without any legal burdens.
- [x] A piece of land that benefits from an easement on another property.
- [ ] None of the above.
> **Explanation:** A dominant tenement refers to a piece of land that benefits from an easement on another parcel of land, known as the servient tenement.
### What is a servient tenement?
- [x] A property that is subject to an easement.
- [ ] A more valuable property than the dominant tenement.
- [ ] A property that always provides public access.
- [ ] None of the above.
> **Explanation:** The servient tenement is the property that is subject to an easement and provides the specific use or benefit to the dominant tenement.
### Can the owner of a dominant tenement sell the easement separately from the land?
- [ ] Yes, the easement can be sold separately.
- [x] No, the easement typically runs with the land.
- [ ] Yes, but only to the servient tenement owner.
- [ ] No, easements can never be transferred.
> **Explanation:** The easement typically runs with the land, meaning it is transferred along with the dominant tenement when sold.
### Who generally bears the responsibility for maintaining an easement?
- [ ] The local government.
- [x] The owner of the dominant tenement.
- [ ] Both the dominant and servient tenement owners equally.
- [ ] The owner of the servient tenement.
> **Explanation:** Maintenance responsibilities are often the obligation of the dominant tenement owner unless specified otherwise in the easement agreement.
### What type of easement allows passage through servient tenement land?
- [ ] Utility easement
- [x] Right of way
- [ ] Environmental easement
- [ ] Floating easement
> **Explanation:** An easement that allows for passage through servient tenement land is typically referred to as a right of way.
### Can an easement be terminated through merger of the property?
- [x] Yes, if the dominant and servient tenements are owned by the same entity.
- [ ] No, easements are perpetual.
- [ ] Only with court approval.
- [ ] Only if the dominant tenement owner agrees.
> **Explanation:** An easement can be terminated when the dominant and servient tenements are owned by the same entity, effectively merging the properties.
### What does prescriptive easement mean?
- [ ] An easement specially granted by a prescription.
- [x] An easement acquired through continued and open use.
- [ ] An easement provided for utility installation.
- [ ] An easement under indefinite use agreement.
> **Explanation:** A prescriptive easement is acquired through continuous, open, and adverse use of property for a specific period of time as dictated by law.
### What legal term describes the land benefiting from an easement?
- [ ] Tenancy by the entirety
- [ ] Servient estate
- [x] Dominant tenement
- [ ] Fee simple estate
> **Explanation:** The legal term describing the land benefiting from an easement is the dominant tenement.
### Can an easement be transferred without the land?
- [ ] Yes, it can be treated separately as a personal right.
- [x] No, easements are generally appurtenant to the land.
- [ ] Only with notary consent.
- [ ] No, they always terminate once the land is sold.
> **Explanation:** Easements are generally appurtenant to the land, meaning they are tied to the property and not the individual owner.
### Does an easement increase the property value of a dominant tenement?
- [x] It can increase the property value.
- [ ] It always decreases the property value.
- [ ] It has no impact on property value.
- [ ] It depends on the length of the easement term.
> **Explanation:** An easement can increase the property value of the dominant tenement, especially when it provides essential rights and access to the property.
