Scottish National Dictionary (1700–)
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First published 1971 (SND Vol. VIII).
This entry has not been updated since then but may contain minor corrections and revisions.
SERVIENT, adj. Sc. Law usage, of persons or property: subjected to a Servitude, q.v., having an obligation to allow others than the owner to exercise certain rights or privileges over that property.Sc. 1715 Morison Decisions 14523:
The master of the servient tenement is bound to repair, not indeed the dominant, but only his own tenement, so as to make it capable to bear the weight.Sc. 1747 Kilkerran Decisions 515–6:
It was argued for the defender, That the act 1661, c.41 . . . did not comprehend kirkroads. . . . A kirk-road may by the heritor of the servient tenement be changed to another place.Sc. 1838 Bell Dict. Law Scot. 907:
The tenement over which a predial servitude is constituted, is called the servient tenement, and its proprietor, the servient proprietor.Sc. 1927 Gloag and Henderson Intro. Law Scot. 429:
It is a further characteristic of servitudes that the burden imposed on the owner of the servient servitude is not to do anything active but merely to suffer the restraint of his rights involved in the servitude.
