What is referred to as the land that must allow use as per an easement?

The servient tenement is the correct term for the piece of land that must allow use as established by an easement. In the context of easements, the servient tenement is the property that is burdened by the easement, meaning it must allow the holder of the easement certain rights to use the land in specific ways. For instance, if a property owner has an easement that allows them to cross a neighbor's land to access a road, the neighbor's land is the servient tenement.

On the other hand, the dominant tenement refers to the property that benefits from the easement. It is not responsible for accommodating the easement; instead, it gains the right to use the servient tenement for specific purposes. Easement by necessity relates to circumstances where an easement is required for access but doesn't fundamentally define the relationship between the two properties, while merger refers to the potential legal scenario where the easement is terminated because the properties are combined under one ownership. Understanding these definitions clarifies the role of the servient tenement in real estate law.