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Real Property for Indiana Paralegals
Section 7 . 1 . 1

Dominant vs. Servient Tenements

Jonathan Watson

First, you should learn the terms “dominant tenement” and “servient tenements.” A “dominant tenement” is a piece of land which is benefited by an easement. A “servient tenement” is the piece of land which has the easement on it; it is burdened by the easement. The relationship gives rise to certain responsibilities of the owner of the parcels. The owner of the servient tenement cannot “materially impair or unreasonably interfere with the use of the easement.”[1] On the other hand, the owner of the dominant tenement “cannot subject the servient estate to extra burdens.”[2]

[1] Brown v. Heidersbach, 360 N.E.2d 614, 618 (Ind. App. 3d Dist. 1977).

[2] Id. at 618.

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