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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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.
When this scheme ran at a loss, and owners of the servient tenement were asked to contribute to that loss, the validity of the easements was questioned.
the servient tenement owner knew or ought to have known of the enjoyment;