Also known as: servient tracts · servient tenement · servient estate
Written by attorneys · grounded in primary & secondary sources — see below
A parcel of land burdened by an easement that benefits another parcel. The owner of the servient tract must permit the easement holder to exercise the rights granted by the easement without unreasonable interference.
Spencer Silver owns a large ranch. He grants Union Renewable a recorded right to install and maintain a buried pipeline across a defined strip of the ranch. The ranch is the servient tract because its owner must allow the pipeline company limited use of the land for the stated purpose.
Sean Steele owns Blackacre and grants Pipeline Company an easement for a high-pressure gas line. He later grants Skylar Sullivan an easement for a road across the same land to reach Whiteacre. Blackacre is the servient tract, and the road easement holder must repair and maintain the portions under its control to avoid unreasonable interference with the servient owner's use.
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Scott Summers conveys land to Simone Sanders while retaining an easement for access over a driveway on the conveyed parcel. Before the conveyance the servient tract had been used only for occasional foot traffic. After the conveyance the dominant owner begins using the driveway for heavy delivery trucks. The change in use of the servient tract is evaluated by comparing pre- and post-conveyance patterns.
Sylvia Santos owns land subject to a recorded vehicular right-of-way easement held by Starlight Media for satellite-truck access. Santos installs bollards and benches that leave insufficient room for the trucks. The servient tract owner may use the land in any manner that does not unreasonably interfere with the easement holder's rights.
Summit Bank receives a deed conveying a parcel while granting the seller an access easement over a private road on the conveyed land. After the conveyance the seller begins using the road for commercial delivery vehicles that were never used before. The post-conveyance pattern of use on the servient tract helps determine whether the expanded activity exceeds the easement's scope.
Solstice Ventures owns parcel B and an easement across parcel A owned by Sierra Solutions for access to parcel B. Solstice later acquires adjacent parcel C and begins using the easement across parcel A to reach parcel C as well. Parcel A is the servient tract, and the expanded use to benefit a nondominant parcel exceeds the easement's permitted scope.
The servient tract is the land burdened by the easement. The dominant tenement is the land benefited by the easement. The owner of the servient tract must allow the easement holder to exercise the granted rights.
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The servient estate holder generally has no duty to repair or maintain the servient estate or improvements used for the easement. The easement beneficiary must repair and maintain portions under its control to prevent unreasonable interference or third-party liability.
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The servient owner may use the land in any manner that does not unreasonably interfere with the easement holder's enjoyment. Installing fixed obstructions that block a recorded vehicular right-of-way constitutes unreasonable interference.
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Courts examine the use made of the servient tract both before and after the conveyance when determining the permitted scope of an easement created by deed. A drastic change in use of the dominant tract that was not contemplated at creation may exceed the easement and overburden the servient tract.
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Use of an appurtenant easement to access land other than the dominant estate exceeds the easement's scope. The servient tract owner may obtain an injunction to prevent the expanded use.
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…Reed, J.; Petrich, C.J., and Petrie, J., concur Opinion of Reed, J. Defendants, Fred and Hattie Voss, owners of the servient estate, appeal from a judgment that denied their counterclaim for an injunction against Will and Jean Brown, plaintiffs, owners of the dominant estate. Defendants requested the injunction to…