The parcel of land that benefits from an easement over a neighboring property.
Why Dominant Tenement matters on the exam
This term belongs to Property Ownership. The questions below are real items from Freehold's bank that use it - each one cites its source.
Exam questions using Dominant Tenement
Every Freehold question shows why the right answer is right — and cites its source.
An easement appurtenant requires:
Only a servient tenement, with no dominant tenement involved
A written lease agreement between neighboring owners
That both parcels be owned by the same single person
A dominant tenement that benefits and a servient tenement that is burdened
Show answer & explanation
A dominant tenement that benefits and a servient tenement that is burdened — An easement appurtenant always involves two parcels of land: the dominant tenement, which receives the benefit, and the servient tenement, which bears the burden of the easement.
Source: PSI National Real Estate Exam Content Outline §1 Property Ownership
When a property benefiting from an easement appurtenant is sold, what happens to the easement?
It automatically transfers with the dominant tenement to the new owner
It terminates because easements are personal to the original owner
The new owner must renegotiate the easement with the servient owner
It automatically converts into an easement in gross
Show answer & explanation
It automatically transfers with the dominant tenement to the new owner — An easement appurtenant runs with the land and automatically transfers to subsequent owners of the dominant tenement even if the deed doesn't specifically mention it.
Source: PSI National Real Estate Exam Content Outline §1 Property Ownership
A utility company holds the right to run power lines across a private landowner's property. This is best classified as an:
Easement appurtenant
Easement in gross
A minor encroachment
License
Show answer & explanation
Easement in gross — An easement in gross benefits a person or company rather than another parcel of land, which is typical of utility, pipeline, and railroad easements that burden a servient tenement without a dominant tenement.
Source: PSI National Real Estate Exam Content Outline §1 Property Ownership
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