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 ?
1907) ("The owner of a dominant estate can neither increase the servitude imposed on the servient tenement or change its character.
A party seeking to establish easements of necessity must demonstrate: (1) a prior common ownership of the dominant and servient tenements; (2) transfer of one of the parcels; and (3) strict necessity for an easement at the time of severance.
[section]704.02 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.
(1) there must be a dominant and a servient tenement: (2) an easement must 'accommodate' the dominant tenement: (3) dominant and servient owners must be different persons, and (4) a right over land cannot amount to an easement, unless it is capable of forming the subject-matter of a grant.
A more recent example of the implicit application of the numerus clausus principle is Clos Farming Estates Pty Ltd (rec and mgr apptd) v Easton, (48) where a vineyard and farm comprising 80 residential lots, the servient tenements, provided easements to the purported benefit of the dominant tenement that was a small parcel of neighbouring land.
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.