A servient tenant is an individual who rents or occupies a property that is encumbered by an easement. This means that they are obligated to permit someone else to use a portion of their property. For instance, if someone has an easement to use a driveway that passes through the servient tenant’s property, the servient tenant is not allowed to obstruct the driveway or prohibit the other person from using it. While the servient tenant is responsible for property maintenance, they must also allow the other party to use it as outlined in the easement agreement.
A servient tenant is an individual who possesses a servient estate and is encumbered by an easement. This implies that they are obligated to permit another person (referred to as the dominant tenant) to utilise their property for a specific purpose, such as a right of way or access to utilities. For instance, if a property owner grants an easement to a neighbouring property owner for a driveway, the neighbouring property owner assumes the role of the dominant tenant while the property owner becomes the servient tenant. The servient tenant is required to allow the dominant tenant to utilise their property for the driveway. Another example is when a utility company possesses an easement to access their equipment on a property, in which case the property owner becomes the servient tenant and must grant the utility company access to their property for maintenance and repairs.
A servient tenant is a person or entity that owns land or property that is subject to an easement in favor of another person or entity.
An easement is a legal right to use someone else’s land for a specific purpose, such as access to a road or utility lines.
A servient tenant is responsible for maintaining the property subject to the easement and ensuring that the easement holder has access to the property as specified in the easement agreement.
No, a servient tenant cannot deny access to the easement holder as long as the easement is valid and the easement holder is using the property for the specified purpose.
No, a servient tenant cannot modify the easement agreement without the consent of the easement holder.
No, a servient tenant cannot unilaterally terminate an easement. The easement can only be terminated by mutual agreement or by court order.
If a servient tenant violates the terms of the easement agreement, the easement holder may seek legal remedies, such as an injunction or damages.
No, a servient tenant cannot charge the easement holder for using the property unless the easement agreement specifically allows for such charges.
Yes, a servient tenant can sell the property subject to the easement, but the easement remains in effect and the new owner must abide by the terms of the easement agreement.
No, a servient tenant cannot revoke an easement granted to a neighbor without the neighbor’s consent or a court order.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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