servient tenement


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Related to servient tenement: Dominant tenement

servient tenement

(ˈsɜːvɪənt)
n
(Law) property law the land or tenement over which an easement or other encumbrance is exercised by the dominant tenement. Compare dominant tenement
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Moreover, the "dispositive issue" in Henley turned on the exclusivity of the easements--"the exclusion of the owner and possessor of the servient tenement from participation in the rights granted." (169) The court in Henley looked to other jurisdictions to reach the conclusion that the addition of a coaxial cable for television added to existing electric and telephone poles without the owner's consent created no additional burden where the easements were exclusive and thus apportionable.
On the other hand, a servient estate, also known as servient tenement, is an estate in respect of which service is owning.
An easement appurtenant is created for the beneficial use of a particular parcel of real property, which is referred to as the "dominant estate" or the "dominant tenement." Correspondingly, the real property that is burdened by the easement is commonly referred to as the "servient estate" or "servient tenement." See, e.g., Newman v.
An implied grant arises only where a unity of title exists from a common source other than the original grant from the state or United States; provided, however, that where there is a common source of title subsequent to the original grant from the state or United States, the right of the dominant tenement shall not be terminated if title of either the dominant or servient tenement has been or should be transferred for nonpayment of taxes either by foreclosure, reversion, or otherwise.
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.
* the servient tenement owner knew or ought to have known of the enjoyment;