A man owned two acres of land. He sold one acre to a neighbor and reserved for himself an appurtenant easement over his neighbor's land for ingress and egress. The man's land an appurtenant easement over his neighbor's land for ingress and egress. The man's land
a) is the servient tenement
b) can be cleared of the easement when the man sells the withheld acre to a third party
c) is the dominant tenement
d) is subject to an easement in gross

Question

19-12-2022
English

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A man owned two acres of land. He sold one acre to a neighbor and reserved for himself an appurtenant easement over his neighbor's land for ingress and egress. The man's land an appurtenant easement over his neighbor's land for ingress and egress. The man's land
a) is the servient tenement
b) can be cleared of the easement when the man sells the withheld acre to a third party
c) is the dominant tenement
d) is subject to an easement in gross

Answer :

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zaibfatimarizvi zaibfatimarizvi · Answer 1 · 2022-12-21T20:57:03-05:00

Based on the information provided, the man’s land is the dominant tenement. (Option C)

Dominant tenement, also known as dominant estate, refers to property that uses an easement over another property. For example, if lot A had an easement over lot B to access water lines underground, lot A would be the dominant tenement and lot B would be the servient tenement. An easement refers to a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is best typified in the right of way which one landowner, A, may enjoy over the land of another, B. In the provided case, the man’s land is the dominant tenement.

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