Who is the dominant tenement in an easement appurtenant?

In the context of an easement appurtenant, the dominant tenement refers to the property that benefits from the easement. This means that the owner of the dominant tenement has the right to use a portion of another person's property (the servient tenement) for a specific purpose, such as accessing a road or utility lines. This benefit typically enhances the value or usefulness of the dominant property.

The dominant tenement enjoys rights that are tied directly to the property itself, rather than to the individual owner. Should the property change hands, the easement remains in effect, continuing to confer benefits to the new owner of the dominant tenement. This is a fundamental principle of easements appurtenant, highlighting the relationship between the two properties involved.

In contrast, the maintenance responsibilities typically fall on the dominant tenement, but that does not define it. The land owner who grants the easement is the servient tenement owner, while a government authority’s role is regulatory rather than participatory in the relationship between the two tenements. Thus, the key point is that the dominant tenement is identified by the benefit it receives from the easement arrangement.