Law · Legal Information · Justice
 

Servient Tenement

The land which suffers or has the burden of an easement.

In the 2002 publication, Boundaries and Easements, by C. Sara (London: Sweet & Maxwell, p. 184), the author aptly defines a servient tenement as follows:

"The property to which the easement relates and, in the case of positive easements, over which it physically runs, is known as the servient tenement because it is 'serving' the dominant tenement.... It is an essential characteristic of an easement that it does not place on the owner of the servient tenement any obligation to act."

Are we missing anything? If you think there is a term that should be included, please send us the suggestion

  • Dictionary
  • Resources
  • LawMag

Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

top