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Tenements first arose during the industrial revolution, ... while a "servient tenement" is an estate that is subject to the burden of an easement. In the U.S., however, ...
There is always a servient tenement. However, there is not always an adjoining dominant tenement, such as for a public utility easement. Private easement examples include a driveway or path of a ...
The property being accessed is the servient estate or servient tenement. An easement appurtenant should be recorded on the servient estate’s deed, and probably also on the dominant estate’s deed.
To illustrate: If a farmer who has an easement to reach his farm over a neighbor’s land builds a 50-house subdivision, the servient tenement owner can terminate that easement for excessive use ...
In an easement appurtenant, one property is called the servient tenement estate, while the other is called the dominant tenement estate. For this structure, the servient estate allows the easement.
There is always a servient tenement. However, there is not always an adjoining dominant tenement, such as for a public utility easement. Private easement examples include a driveway, path or ...
As a general rule, the owner of the servient tenement is allowed to make free use of the land, as long as there is no unreasonable interference with the normal use of the easement by the servient ...
An easement in gross only involves a servient tenement that is burdened. To illustrate, my home has an easement in gross for a city sewer along the northerly five feet.
See also 3 Tiffany on Real Property §803 (3d. ed. 2013) (use by the dominant tenement may not interfere unreasonably with the servient owner's rights and must be reasonably necessary and ...
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