In property law, what does it mean if a property has a 'dominant tenement'?

Enhance your skills for the Maine TRELG Associate Broker exam with interactive quizzes and expert explanations. Study any time, anywhere, and assess your knowledge to excel in your exam!

A property described as having a 'dominant tenement' refers specifically to a situation where the property benefits from an easement. In property law, the dominant tenement is the parcel of land that gains a benefit or advantage from an easement that is granted over another property, known as the servient tenement. This relationship allows the dominant tenement to access certain rights, such as a right of way or utility access, while the servient tenement must accommodate the use that the dominant tenement requires.

Understanding this distinction is essential for navigating real estate transactions and property rights, as it clarifies the privileges and obligations associated with easements. The terms of the easement and how they enhance the value or utility of the dominant tenement can have significant implications during property sales or development.

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