When dealing with property rights and easements in real estate, the term “servient tenement” and “dominant tenement” can be commonly found in Title Reports and Local Recordings for parcels. Understanding the meaning and implications is essential for both buyers and sellers of real estate.
What Is a Servient Tenement?
A servient tenement refers to a property that is burdened by an easement, meaning it must allow certain rights of use to another property, known as the dominant tenement. Essentially, the servient tenement is the parcel that must accommodate access, utilities, or other legal encumbrances for the benefit of another party. Common examples include driveways, utility access, or pathways that cross one property to serve another.
How Are Servient and Dominant Tenements Established?
Servient and dominant tenements are established through easements, which are legal agreements granting specific usage rights over a property. These easements can be created through express agreements, necessity, prescription, or implication based on historical usage. Once an easement is established, it typically runs with the land, meaning it remains in effect even when ownership changes. This ensures that the dominant tenement continues to benefit from the easement, while the servient tenement remains responsible for accommodating it, regardless of future property transfers.
What Happens If the Property or the Dominant Tenement Is Sold?
Easements, including those that create servient tenements, typically run with the land, meaning they remain in effect even when ownership changes. When a servient tenement is sold, the new owner inherits the responsibility of maintaining and respecting the existing easement. Similarly, if the owner of the dominant tenement sells their property, the easement rights are transferred to the new owner. The previous owner of the dominant tenement does not retain any easement rights after the sale, as those rights are tied to ownership of the dominant tenement itself. Easements benefiting the dominant tenement continue for the new owner and remain enforceable against the servient tenement.
Key Considerations for Buyers and Sellers
- Buyers: If you are purchasing a property that serves as a servient tenement, be aware of any existing easements that may affect your use and enjoyment of the land.
- Sellers: If your property is encumbered by an easement, full disclosure is required to potential buyers so they understand their obligations.
- Dominant Tenement Owners: If you benefit from an easement, ensure it is properly recorded to avoid disputes in the future. If you sell the property, understand that you will no longer have rights to the easement.
Understanding servient tenement rights is crucial in real estate transactions. Whether buying, selling, or developing land, knowing the impact of easements can help property owners or buyers make informed decisions.
Legal Disclaimer
This article is for general informational purposes only and should not be considered legal advice. Real estate laws and regulations vary by jurisdiction. If you have specific questions or need legal guidance, consult a qualified real estate attorney in your area.
Joshua Anello
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