Moreover, further consideration of the relevant "equities" supports Columbia's requested relief because Columbia's bargained for easement rights as the dominant estate
holder, as well as the public interest in safeguarding underground high-pressure natural gas transmission lines, vastly outweigh Grove's interest in saving money by constructing an asphalt crossing without necessary mitigation measures.
They claimed that they were in negotiation with Sierra, the former owner of the dominant estate
, when Zerc intervened in the sale.
An easement appurtenant does not exist independently from the dominant estate
to which it belongs or the servient estate it burdens.
provides that only the owner of a dominant estate
may acquire a predial
Meyer, (54) the easement holders sought use of the Mississippi River based on an easement originally associated with their lot (the dominant estate
) that was a quarter mile from the water.
Q: What is a dominant estate
? What is a servient estate?
able to discern the benefit to the dominant estate
; (10) (4) the
According to the Supreme Court of New Hampshire, it would be unfair to the owner of the dominant estate
to extinguish a prescriptive easement appurtenant simply because the taxes were not paid on the servient estate.
An easement is a nonpossessory interest in the land of another that entitles the holder of the easement, referred to as the dominant estate
, to do on the property of another, referred to as the servient estate, what is reasonably necessary for the full enjoyment of the easement.
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 Appeals Court of Massachusetts ruled that the only benefit conferred by an easement to remove vegetation from neighboring property is to preserve the view from the dominant estate
Significant oil and gas production is found in every state of the United States except Maine, Vermont, New Hampshire, and Idaho.(1) In most states the mineral estate is the dominant estate
, leaving the surface estate subservient to oil and gas activities.