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.
Related Terms§
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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§
- NOLO Legal Encyclopedia: Easements: Overview
- American Bar Association: Understanding Easements: A Primer
- Law Insider: Easement Agreement Form
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
