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dominant estate

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dominant estate n. in real estate law, the property retained when the owner splits off and conveys part of the property to another party, but retains some rights such as an easement for access (a driveway) or utilities. The property sold off upon which there is the easement is called the servient estate. These are also called dominant tenement and servient tenement, respectively. (See: easement)



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The 4th Circuit found that the grant of an easement gives the holder of the dominant estate the right to utilize technological improvements.
[1] Similarly, in a non-corridor easement taking case a court ruled that where the servient estate does not need the easement, damages from its loss are minimal even if the value of its removal to the dominant estate is quite high.
The settlement amounts are generally reached by negotiation according to common practice in the area, with the important proviso that all parties understand the mineral estate is the dominant estate and local courts of law will quickly establish what is reasonable if an agreement is not reached.
 
 
 
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