Sunday, September 14, 2008

LGO York: Dominant, servient or just downright incompetent?

A parcel of land where an appurtenant easement runs is known as a servient tenement; the neighbouring parcel that benefits from this easement is known as the dominant tenement.

Dominant Tenement: The property which enjoys the benefit of an easement over another property (known as the servient tenement). My property is the dominant tenement (My property has existed for about 150 years and has a legal right of way for any and all purposes over the servient tenement.)

Servient tenement: The land which suffers or has the burden of an easement. The land on which Cheshire County Council are trying to complete a roadway which if completed as planned will interfere with my legal right of way and my human rights to the quiet enjoyment of my property. The beneficiary of the easement is called a dominant tenement. refer to dominant tenement above.

Incompetent: Bungling: showing lack of skill or aptitude. A Local Government Ombudsman who doesn't appear to know their dominant tenements from their servient tenements. Please refer to my earlier post Varying a Private right of way for more details.

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