Illinois Real Estate Practice Exam

Which term describes a situation where a property owner holds an easement right over an adjoining property?

1. Dominant Tenement

2. Servient Tenement

3. Beneficiary Estate

4. Main Easement

The correct answer is: Dominant Tenement

The term "Dominant Tenement" is correct because it refers to the property that benefits from an easement over another property. In this scenario, the property owner who holds the easement has the right to use a portion of the adjoining property for a specific purpose, such as access or utility installation. The property enjoying the easement is identified as the dominant tenement, distinguishing it from the servient tenement, which is the property that is burdened by the easement and must allow the use of its land for the benefit of the dominant tenement. Understanding this concept is crucial in real estate as it clarifies property rights and responsibilities concerning easements. The dominant tenement has the legal right to utilize a part of the servient tenement for its needs, which can include passage, drainage, or other purposes established by the easement agreement.