What type of property rights does a dominant tenement hold?

The dominant tenement refers to a property that benefits from an easement across a servient tenement, allowing it certain rights over the servient property. In this context, the correct answer highlights that the dominant tenement holds the right to use the property owned by another, which is the essence of what an easement provides.

In legal terms, this means that the owner of the dominant tenement has the right to use a portion of the servient tenement in a specific way, as outlined by the easement agreement. For example, this could involve the right to access a pathway or utility lines running through the servient property. This right does not confer ownership of the other property but allows for a specific, defined use.

Other options present different concepts of property rights. The right to control and manage property applies more broadly to ownership rights rather than easement rights. Selling property without restrictions pertains to freehold ownership and doesn’t relate to the defined easement. The right to exclude others from the property typically refers to ownership rights as well, which again does not apply in the context of a dominant and servient tenement relationship. Thus, the nature of the relationship between the dominant and servient tenement is fundamentally about use rights granted