Servient Tenement

Definition

In real estate terms, a servient tenement (also called a servient estate) is the parcel of land that endures the burden of an easement. An easement is a right granted to the owner of another property (referred to as the dominant tenement) to use a portion of the servient tenement for a specific purpose, such as access, utilities, or ingress and egress. The servient tenement does not benefit from this easement but must accommodate the rights of the dominant tenement holder.

Examples

Access Road: A common example is a shared driveway or private road. Suppose a property owner (A) owns a landlocked parcel and needs to pass through their neighbor’s land (B) to reach the main road. Property B would be considered the servient tenement as it bears the easement allowing A an access route through it.
Utility Easement: Another example could be a utility easement permitting a utility company to lay down or maintain utility lines over a portion of private land. Here, the individual property over which the utility lines run serves as the servient tenement.

Frequently Asked Questions

What is the difference between a servient tenement and a dominant tenement?

A servient tenement is the land that bears the burden of an easement, while a dominant tenement is the property that benefits from the easement. For example, if Property A requires a driveway pass through Property B to access the public road, B is the servient tenement, and A is the dominant tenement.

Who maintains the easement area in a servient tenement?

The responsibility to maintain an easement area can be complex and varies depending on agreements in place. Typically, the dominant tenement, which benefits from the easement, may be responsible for maintenance. However, it is often contingent on the terms of a written easement agreement.

Can a servient tenement owner terminate the easement?

No, the owner of a servient tenement cannot unilaterally terminate a legal easement unless certain conditions are met. Termination methods might include abandonment of the easement, merger of the dominant and servient tenements into one ownership, or as otherwise specified by law or mutual agreement.

How can I verify if my property is a servient tenement?

Easements are usually recorded on the property’s title; a comprehensive title search can reveal whether a property is subject to a servient tenement. Additionally, local county records or a professional property survey might provide this information.

Can easements impact property value?

Yes, easements can influence property values in various ways. A servient tenement may see a decrease in value due to the restrictions imposed by the easement. Conversely, a dominant tenement could see an increase in value should the easement provide critical access or functional benefits.

Dominant Tenement: The property benefiting from an easement. Contrast to the servient tenement, which bears the burden of the easement.
Easement: A non-possessive interest in land, granting limited rights to use another’s property for a specific purpose.
Easement Appurtenant: This type of easement benefits the dominant tenement and runs with the land, meaning it is attached to the property and transfers with property ownership.
Easement In Gross: An easement that benefits a person or entity rather than a particular piece of land. Easements in gross do not transfer with property ownership.

Online Resources

References

Brown, Gail L., and G. Michael Huntington. The Manual of Real Estate Depreciation. Real Estate Education Company, 2008.
Friedman, Jack P., Jack C. Harris, and J. Bruce Lindeman. Dictionary of Real Estate Terms. Barron’s Educational Series, 2019.

Suggested Books for Further Studies

Sheppard, Stephen W., Property Law: Cases and Materials. Wolters Kluwer, 2017.
Callies, David L., Berman, Dwight H. Merriam, and Jon W. Bruce. Land Use: Planning and Zoning. West Academic Publishing, 2018.
Williams, Patrick J. Easements: A Comprehensive Manual for Real Estate Professionals.

Real Estate Basics: Servient Tenement Fundamentals Quiz

### What is a servient tenement? - [ ] The property that benefits from an easement. - [x] The property that bears the burden of an easement. - [ ] A land that has multiple owners. - [ ] The land that holds the title deed. > **Explanation:** A servient tenement is the property that bears the burden of an easement, providing rights of use to another property, the dominant tenement. ### Can the servient tenement owner unilaterally terminate the easement? - [ ] Yes, at any time. - [x] No, unless specific legal conditions are met. - [ ] Only during property sale. - [ ] Yes, if it disrupts their use of the land. > **Explanation:** The ownership of a servient tenement cannot unilaterally terminate the easement unless specific legal conditions are met, often involving legal procedures, agreements, or property mergers. ### Who typically maintains an area subject to an easement? - [x] The dominant tenement - [ ] The servient tenement - [ ] Local government - [ ] Property manager > **Explanation:** Typically, the dominant tenement, which benefits from the easement, is responsible for maintaining the easement area, although this can vary based on the easement agreement. ### What main purpose does an easement serve in relation to servient tenements? - [ ] Securing ownership rights - [x] Granting use rights for specific purposes - [ ] Determining property boundaries - [ ] Increasing property tax assessments > **Explanation:** An easement primarily grants use rights over the servient tenement for specific purposes, such as access or utility placement, benefiting the dominant tenement. ### What type of easement benefits a piece of land specifically, rather than an individual? - [x] Easement appurtenant - [ ] Easement in gross - [ ] License agreement - [ ] Prescriptive easement > **Explanation:** An easement appurtenant benefits a specific piece of land (dominant tenement) and runs with the land, meaning it transfers with property ownership, unlike an easement in gross which benefits an individual. ### How can property owners identify existing easements on their land? - [ ] By consulting neighbors - [x] Through a title search - [ ] By inspecting utility poles - [ ] By contacting city hall > **Explanation:** Property owners can identify existing easements by conducting a title search or referring to county records, which typically document such interests. ### Can easements affect the value of a servient tenement property? - [x] Yes - [ ] No - [ ] Only in rural areas - [ ] It's illegal to assess based on easements > **Explanation:** Easements can indeed affect property values, often lowering them for the servient tenement due to restrictions they impose, whereas they might increase the value of the benefiting dominant tenement. ### What legal document might detail obligations related to a servient tenement easement? - [ ] The property lease - [x] An easement agreement - [ ] The mortgage contract - [ ] The construction permit > **Explanation:** An easement agreement commonly details the obligations, rights, and responsibilities of both the servient and dominant tenement in relation to the easement. ### Which term contrasts with servient tenement, indicating the benefiting property? - [x] Dominant tenement - [ ] Principal estate - [ ] Secondary property - [ ] Control property > **Explanation:** The term "dominant tenement" contrasts with "servient tenement" and refers to the property that benefits from the easement rights imposed on the servient tenement. ### What typically happens to the easement if the servient and dominant tenements are merged under one ownership? - [x] The easement is usually terminated. - [ ] The dominant tenement retains easement rights separately. - [ ] The servient tenement must compensate for the termination. - [ ] The easement remains unchanged. > **Explanation:** If the servient and dominant tenements are merged under single ownership, the easement is usually terminated because the property no longer requires internal easement rights.