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Servient tenement

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Servient Tenement definition:
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: ...

 


Servient Tenement:
The land which suffers or has the burden of an easement. The beneficiary of the easement is called a dominant tenement.

servient tenement
Property that is subject to use by another for a specific purpose. For example, a beachfront house that has a public walkway to the beach on its premises would be a servient tenement.

For every easement, there is a dominant and a servient tenement. Easements are also classified as negative (which prevents the servient land owner from doing certain things) or affirmative easements (the most common, ...

For every easement, there is a dominant and a servient tenement, or piece of land . Rights-of-way are the most common easements, but others include the right to tunnel under another's land, to emit smoke or fumes, to access a dock and to use a well.

The word is rarely used nowadays except to refer to dominant or servient tenements when qualifying easements. Tenure A right of holding or occupying land or a position for a certain amount of time.

For example, if a servient tenement holder were to erect a fence blocking a legally deeded right-of-way easement, ...

Generally, if right over other (the servient tenement) property is enjoyed alongside a right over some property (say dominant tenement), and the degree of the usage of such rights is governed by the needs of the dominant tenement, ...

Tenement
Property that could be subject to tenure under English land law; usually land, buildings or apartments. The word is rarely used nowadays except to refer to dominant or servient tenements when qualifying easements.
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to another party but retains some rights such as an easement for access (a driveway) or utilities. The property sold off upon which there is the easement is called the servient estate. These are also called dominant tenement and servient tenement, ...

See also: Tenement, Term, Property, Will, Court

Law Service of processServitude

 
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