What does "servient tenement" refer to in real estate?

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In real estate terminology, "servient tenement" refers to the parcel of land that is burdened by an easement, which is a right granted to another party to utilize a specific portion of that property for a certain purpose, such as crossing it. This concept is fundamental in understanding how easements work, as it designates the property that must accommodate the external right. When someone holds an easement over a property, the servient tenement is the land that must allow access or usage to the easement holder.

In contrast, the accompanying parcel, which benefits from the easement, is termed the "dominant tenement." Understanding this distinction is critical when discussing property rights and responsibilities, as it clearly delineates which property must yield to the easement use. The accuracy of this terminology is especially important in real estate transactions, disputes, and planning, ensuring that all parties' rights and obligations are honored.

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