Definition
In real estate and property law, the term Dominant Tenement refers to a parcel of land that enjoys a certain right or benefit (known as an easement) over another piece of land (called the servient tenement). The dominant tenement benefits directly from the easement, which could range from the right of way to access water or other utilities provided by the servient tenement. This arrangement typically involves properties that are adjacent or nearby each other.
Examples
- Right of Way: A dominant tenement might have the right to use a driveway on the servient tenement’s land to access a public road.
- Utility Easement: A dominant tenement could have an easement allowing it to run utility lines, such as water pipes or electrical wires, through the servient tenement’s property.
- Access to Light: In some instances, an easement might grant the dominant tenement the right to maintain windows that allow light over the servient land.
Frequently Asked Questions
What is an easement?
An easement is a legal right to use another person’s land for a specific limited purpose, such as crossing it to reach one’s property.
What is the difference between dominant and servient tenement?
The dominant tenement is the property that benefits from the easement, whereas the servient tenement is the property that is burdened by the easement.
Can an easement be transferred?
Easements typically run with the land, meaning they can be transferred to new owners when the dominant or servient tenement is sold.
How is an easement created?
Easements can be created through various methods including express agreements, necessity, implication, or prescriptive rights.
Can an easement be terminated?
Yes, easements can be terminated by mutual agreement, abandonment, merger (if one owner comes to own both the dominant and servient tenement), or through the expiration of a predetermined time period.
- Easement: A right to cross or otherwise use someone else’s land for a specified purpose.
- Servient Tenement: The parcel of land that is subject to the rights or easement benefits of the dominant tenement.
- Right of Way: A type of easement allowing one person to travel through another person’s land.
Online References
Suggested Books for Further Studies
- “The Law of Easements & Profits” by Stephen Jourdan QC and Oliver Radley-Gardner.
- “Property Law: Rules, Policies, and Practices” by Joseph W. Singer.
- “Understanding Property Law” by John G. Sprankling.
Fundamentals of Dominant Tenement: Real Estate Law Basics Quiz
### What is a dominant tenement?
- [x] A property that benefits from an easement on another property.
- [ ] A property burdened by an easement.
- [ ] Land that must be protected under conservation laws.
- [ ] An estate with no easement rights.
> **Explanation:** A dominant tenement is a property that benefits from an easement over a piece of land referred to as the servient tenement.
### What is the counterpart to a dominant tenement in a real estate context?
- [ ] Dominant estate
- [ ] Primary tenement
- [x] Servient tenement
- [ ] Subordinate estate
> **Explanation:** The counterpart to a dominant tenement is a servient tenement, which is the property that carries the burden of the easement.
### Which of the following best describes an easement?
- [x] A right to use someone else's land for a specific purpose.
- [ ] A property tax levied on real estate.
- [ ] An insurance policy for land.
- [ ] A legal dispute over land boundaries.
> **Explanation:** An easement is a legal right to use another person's land for a specified limited purpose, such as accessing a road or utility lines.
### What is an example of an easement benefiting a dominant tenement?
- [x] A driveway providing access to a public road through another property.
- [ ] A house built on the property.
- [ ] A backyard garden.
- [ ] A fence marking boundaries.
> **Explanation:** An easement such as a driveway providing access to a public road is a common benefit for a dominant tenement.
### How can an easement be terminated?
- [x] By mutual agreement, abandonment, or merger.
- [ ] By an annual payment.
- [ ] Through property depreciation.
- [ ] Automatically after five years.
> **Explanation:** Easements can be terminated through mutual agreement, abandonment by the dominant tenement, or merger of the dominant and servient tenements.
### What is necessary for the creation of an easement by necessity?
- [x] The easement must be essential for the dominant tenement's beneficial use.
- [ ] A written agreement is vital.
- [ ] A court must rule to create the easement.
- [ ] It must be visible from a distance.
> **Explanation:** An easement by necessity is created when it is essential for the use and enjoyment of the dominant tenement.
### In what situation could a utility easement exist?
- [x] When a property requires water pipe access through another land.
- [ ] When painting a house.
- [ ] For the aesthetic value of the neighborhood.
- [ ] To enhance garden appeal.
> **Explanation:** Utility easements are often necessary to allow access for water pipes, electrical lines, or other utility infrastructure.
### What is one key difference between dominant and servient tenements regarding obligations?
- [x] Dominant tenements benefit from the easement; servient tenements are burdened by it.
- [ ] Both have equal obligations.
- [ ] Only dominant tenements provide access.
- [ ] There is no significant difference.
> **Explanation:** The primary distinction is that dominant tenements benefit from the easement while servient tenements are burdened by it.
### Is an easement always permanent?
- [ ] Yes, it remains forever.
- [x] No, it can be terminated by various means.
- [ ] It only lasts for a set number of years.
- [ ] Easements are defined annually.
> **Explanation:** An easement can be terminated through mutual agreement, abandonment, or if the purposes of the easement no longer exist.
### Who typically establishes an easement by an express agreement?
- [ ] Only the government.
- [x] The landowners involved.
- [ ] Local neighborhood groups.
- [ ] International real estate bodies.
> **Explanation:** Easements are usually established by express agreement between the involved landowners.
Exploring the intricacies of real estate, particularly the relationship between dominant and servient tenements and the significance of easements, enriches your understanding of property rights and obligations. Keep practicing and perfecting your legal acumen!
