The parcel of land that is burdened by an easement benefiting another property.
Why Servient 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 Servient 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
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
The owner of a servient tenement later purchases the adjoining dominant tenement, becoming the sole owner of both parcels. What happens to the easement between them?
It remains fully in effect indefinitely regardless of common ownership
It automatically becomes an easement in gross instead
It is extinguished by merger
It must be formally released in a separate recorded document to end
Show answer & explanation
It is extinguished by merger — An easement is extinguished by merger when both the dominant and servient tenements come under common ownership, because a person cannot legally hold an easement over land they already own.
Source: PSI National Real Estate Exam Content Outline §1 Property Ownership
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