Here's a breakdown:
* Easement: A legal right that allows someone to use another person's property for a specific purpose.
* Dominant tract: The property that benefits from the easement.
* Servient tract: The property that is subject to the easement.
Example:
Imagine a homeowner wants to access their property from a neighboring road. They could negotiate an easement with the neighbor, giving them the right to use a portion of the neighbor's land as a driveway. In this scenario:
* The homeowner's property is the dominant tract (it benefits from the easement).
* The neighbor's property is the servient tract (it is burdened by the easement).
Key points about servient tracts:
* The owner of the servient tract cannot prevent the owner of the dominant tract from using the easement.
* The easement can be for various purposes, such as access, utilities, drainage, or even recreational use.
* Servient tracts can be restricted in how they are used, but only in ways that are consistent with the terms of the easement.
Understanding servient tracts is important when dealing with real estate, as they can significantly impact the use and value of land.