Duhaime's Law Dictionary

Servient Tenement Definition:

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

Related Terms: Easement, Dominant Tenement, Tenement, Appurtenant Easement

Also known as servient estate.

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."

In Combined Air Mechanical Services Inc. v. Flesch, these words:

"There must be a dominant tenement (the property that enjoys the benefit of the easement) and a servient tenement (the property that is burdened)."


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