Casa Academy

Reviewed by Casa Academy and updated July 29, 2026 using the current DBPR checklist and Pearson VUE scheduling guidance.

Dominant vs Servient Estate

In an appurtenant easement, the dominant estate is the parcel that benefits from the easement, while the servient estate is the parcel burdened by the right of use, such as a driveway crossing a neighbor's lot.

Exam context

Match dominant to the benefited parcel and servient to the burdened parcel. Easement holders on the dominant estate may sue to enforce reasonable use; servient owners may not unreasonably interfere with permitted easement use.

Benefited vs burdened land

Lot A holds an easement to cross Lot B. Lot A is the dominant tenement; Lot B is the servient tenement. The easement runs with the land, so a new owner of Lot A inherits the benefit and a new owner of Lot B inherits the burden unless the easement was personal or terminated.

Contrast with easement in gross

Utility easements in gross benefit a company or person rather than adjacent land, so there may be no dominant estate in the traditional sense. License exams mix vocabulary: dominant and servient apply to appurtenant easements tied to two parcels.

Examples

  • Shared driveway

    Homes on a flag lot use a private lane across a front parcel. The rear homes hold dominant estates; the front parcel is servient and must allow passage per the recorded easement width.

  • Landlocked parcel

    After a subdivision, an interior lot receives an easement by necessity over a neighbor. The landlocked lot is dominant; the neighbor's lot is servient until necessity ends or a public road is opened.

Keep studying

Practice dominant vs servient estate questionsEnroll in pre-licensing

Related terms

  • EasementNonpossessory right to use another's land for a stated purpose.
  • Easement by necessityCourt-created access when a parcel lacks reasonable egress.

Related resources

Sources