servient tenement


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Related to servient tenement: Dominant tenement

servient tenement

Property upon which an easement exists in order to benefit another property,called the dominant tenement.Also called servient estate.

References in periodicals archive ?
02 provides that, if no compensation is paid for a statutory way of necessity, and the land upon which the easement is located is used for enclosing farm or grove products or livestock (or is later put to such use), the owner or tenant of the dominant tenement using the easement shall, when requested by the owner of the servient tenement, erect and maintain either a cattle guard or gate at each place where the easement intersects a fence.
Wilson J in Weigall v Toman (58) dealt with an easement for the exclusive use of a garage on the servient tenement which allowed the owner of the dominant tenement to garage their motor vehicle as the steep gradient of the dominant tenement did not provide adequate vehicular access.
Legal easements created over registered land after 13 October 2003 will only constitute overriding interests and bind the servient tenement automatically until 12 October 2006.