without digging below the surface of the servient
(1) specify easement width, allowing sufficient space within the bounds of the easement for intended use (including drainage and possible future installation of utilities if the easement is a driveway or private road) and for maintenance/repair work in order to avoid any claim of trespass on the servient
taking of the servient
estate's property; notably, the easement
Rather, the court explained that the clear intent of the parties was the creation of a conservation easement in perpetuity to protect the scenic value of the land for the benefit of the general public, which contrasts with a scenario in which the owner of a dominant and servient
tract become one in the same, thereby eliminating the need or purpose for the easement.
Consider a deed, promptly recorded, in which O, owner of contiguous lots I and 2 of White Bear Estates, grants lot 2 to A and then goes on to provide: "O also grants to A a 20-foot-wide appurtenant easement for right of way purposes running across the northerly edge of contiguous land retained by grantor O to a public road." Since lot 1 is the only contiguous land owned by O, the description of the servient
tenement in the deed surely is adequate, but lot I is not mentioned as such.
The proposed easement of right of way is established at the point least prejudicial to the servient
estate, and insofar as consistent with this rule, where the distance of the dominant estate to a public highway may be the shortest.
The property that is subject to the easement is called the servient
(17) Appurtenant easements allow owners or occupiers of one piece of land (the dominant parcel) to make use of another piece of land they do not own (the servient
servitude agreements must be construed in favor of the servient
In servitude law, for example, the prevailing approach to questions of modification over time, particularly for relocation, is to require mutual consent of the dominant and servient
Generally, a claim for ah easement or profit a prendre would fail if the court considered that it derogated from the servient
owner's possession and control of the land: see Re Ellenborough Park 11956] 1 Ch 131; Copelandv Greenhalf  1 Ch 488; Batchelor v Marlow  1 WLR 764; Clos Farming Estates PO' Ltd v Easton (2001) 10 BPR [paragraph] 18 845.