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An individual owned three acres of land. When she sold one acre to her friend, she reserved for herself and family an appurtenant easement over the friend's land for ingress and egress. The friend's land is what?

A) subject to a tenement lawsuit
B) the dominant tenement
C) the servient tenement
D) is involuntarily committing tax fraud

1 Answer

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Final answer:

The friend's land, which provides an easement for the original owner's use, is referred to as the servient tenement. This term describes the land that is burdened by and provides the benefit of an easement to another's property, which in this context is the dominant tenement.

Step-by-step explanation:

In the scenario described, the friend's land, over which an appurtenant easement was created for the original owner to enter and exit, is known as the servient tenement. This means that the friend's parcel of land bears the burden of the easement, which allows the original owner and her family the right to cross the friend's property for ingress (entering) and egress (exiting).

An easement appurtenant is typically attached to the land and is transferred with the land when it is sold to a new owner. The property that benefits from this type of easement is called the dominant tenement, which, in this case, is the original owner's remaining two acres of land.

The choice B) 'the dominant tenement' is incorrect because it refers to the land that benefits from the easement, not the land over which the easement runs. Option A) 'subject to a tenement lawsuit' is not the correct term for this situation. Option D) 'is involuntarily committing tax fraud' is unrelated to the concept of easements.

User Neil Sarkar
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