Legal Definitions - servient tenement

The servient tenement refers to a parcel of land that is subject to a specific legal right or restriction, known as an easement, for the benefit of another piece of land. Essentially, the servient tenement "serves" the other property (called the dominant tenement) by allowing its owner to use a portion of it or by restricting its own use in some way. The owner of the servient tenement is legally obligated not to interfere with this established right.

Here are some examples to illustrate this concept:

• Utility Easement: Imagine a homeowner, Ms. Chen, whose large backyard is the most direct route for the local utility company to install underground fiber optic cables connecting a new housing development located beyond her property. Ms. Chen's property is designated as the servient tenement. It is burdened by a utility easement that allows the fiber optic cables to pass through it, providing essential services to the new housing development (the dominant tenement). Ms. Chen cannot build a permanent structure over the easement area that would obstruct the utility company's access for installation or future maintenance.

• Drainage Easement: Consider Mr. Davis, who owns a property situated at the bottom of a gentle slope. His uphill neighbor, Ms. Rodriguez, has a natural drainage path that directs rainwater across a corner of Mr. Davis's land into a public storm drain. In this scenario, Mr. Davis's property is the servient tenement. It is subject to a drainage easement, meaning it must accept the natural flow of water from Ms. Rodriguez's uphill property (the dominant tenement). Mr. Davis cannot build a fence or structure that would block this natural water flow, as it would interfere with Ms. Rodriguez's established right to drain her property.

• Shared Driveway Easement: Picture two houses, owned by the Millers and the Johnsons, that share a single driveway. This driveway runs partly over the Millers' property to provide the only practical access to the Johnsons' garage, which is located at the back of their lot. The portion of the Millers' property where the shared driveway runs is the servient tenement. It is burdened by an access easement that allows the Johnsons (whose property is the dominant tenement) to use that part of the driveway to reach their garage. The Millers cannot block the driveway or construct anything on it that would prevent the Johnsons from accessing their property.