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Dominant tenement

National Real Estate Exam glossary · Property Ownership

Definition

The parcel of land that benefits from an appurtenant easement—for example, the lot that enjoys a right of way across a neighbor's land. The burdened parcel is the servient tenement.

Dominant tenement in plain English

Some rights don't belong to a person — they belong to a piece of land itself, passing to whoever owns it next. A 'dominant tenement' is the lot that GETS a benefit, like the right to drive across the neighbor's property to reach the road. The neighbor's lot that has to put up with that crossing is the 'servient tenement' (servient = it serves the other). Think of a landlocked backyard cabin that can only be reached by a path over the front lot: the cabin's land is dominant because it enjoys the path, and the front lot is servient because it carries the burden.

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Practice Dominant tenement

The neighbor's property is known as the:

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