Servient tenement
The servient tenement is the property that carries the burden of an easement. The owner cannot obstruct the easement rights held by the dominant tenement.
Ask Chalkline about this →The servient tenement is the parcel of land that carries the burden of an easement. Its owner must allow the holder of the easement (the dominant tenement owner, or a public authority) to exercise the rights described in the easement, and cannot obstruct or build over the easement corridor without the easement holder’s written consent.
The servient tenement owner still owns the land subject to the easement; they simply cannot use it in a way that interferes with the easement rights. For example, a lot with a sewer easement running through its rear yard is a servient tenement for that easement. The owner cannot build a permanent structure over the sewer line without Sydney Water’s separate approval.
Also known as: servient estate, burdened land.
Category: Approvals, Conveyancing.
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Last updated: 2026-05-09. Verified: 2026-05-09.