dominant estate

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Related to dominant estate: Servient tenement

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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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.

Gas pipelines owner defeats attempted easement

They claimed that they were in negotiation with Sierra, the former owner of the dominant estate, when Zerc intervened in the sale.

The servient estate yields

An easement appurtenant does not exist independently from the dominant estate to which it belongs or the servient estate it burdens.

Analyzing Easement Laws and Cases in the States East of the Mississippi River

provides that only the owner of a dominant estate may acquire a predial

The need for legislative authorization of noncompete servitudes in commercial leases

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.

Conservation easements at the climate change crossroads

Q: What is a dominant estate? What is a servient estate?

Ease my way

able to discern the benefit to the dominant estate; (10) (4) the

Clarifying and improving the law of enclosed estates in modern day land-scarce Louisiana

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.

Ripened prescriptive easement appurtenant is not extinguished by tax sale of 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.

Demystifying the intersection of surface water permitting and common law drainage rights: the Twain actually do meet

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.

Make way! Make way! No way!!!

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.

Benefit of easement to clear brush is to preserve view from owner's land

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.

The impact of mineral rights and oil and gas activities on agricultural land values