Illinois Real Estate Practice Exam

When Carla retains the right to cross a neighbor's property to access the main road after selling her adjacent property, what does her property become?

1. The dominant estate

2. The servient tenement

3. The restrictive property

4. The easement property

The correct answer is: The dominant estate

When Carla retains the right to cross a neighbor's property to access the main road after selling her adjacent property, her property becomes the dominant estate. This is because the dominant estate benefits from an easement, which is a legal right to use another person's land for a specific purpose—in this case, the right to cross over the neighbor's land to access the road. In this situation, the neighbor's property, which is subject to the easement, is referred to as the servient tenement. The servient tenement is the property that is burdened by the easement and must allow the dominant estate owner to exercise their easement rights. This concept is fundamental in real estate law because it highlights the relationship between the two properties involved in an easement. The terms "restrictive property" and "easement property" do not accurately describe the properties in this context. The focus in this scenario is on the dominant and servient estates, emphasizing how easements function within property rights. Thus, the correct designation of Carla's property is the dominant estate due to her retained right of access.