compensate the servient estate
owner with some other, additional amount.
The open, notorious, and visible elements of adverse possession are required to give notice to the owner of the servient estate
that the user is asserting an easement.
The placement of power poles, towers, and other supporting structures such as guy wires can significantly affect the value of both a servient estate
and a dominant estate (i.e., easement interest).
2000) (noting the "beneficiary of an easement" is required "to repair and maintain the portions of the servient estate
" and to "prevent unreasonable interference with the servient estate
and to cast the same into and upon a servient estate
lying lower down in the same natural drainage water course, at that point where nature, by means of ravines or depressions, has indicated that such surface waters should find a natural outlet; provided, however, that such surface waters should not be collected or permitted to collect, and then be cast upon the servient estate
in unusual or unnatural quantities; and, provided, also, that the surface waters of one natural watershed or basin may not, by means of the cutting or removal of natural barriers, be cast into or upon lower lands lying in another and different natural drainage course or basin.
As to the fourth requisite, the right of way being sought by Zerc is at the point least prejudicial to the servient estate
and it is the shortest distance to the national highway.
An easement appurtenant does not exist independently from the dominant estate to which it belongs or the servient estate
surface-level survey of the servient estate
. (40) In the scenario with
not, own any land adjoining the servient estate
." BLACK'S LAW
(53) In property law, the dominant estate is the parcel benefited by the easement; the servient estate
is the parcel burdened by the easement.
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.
land of the United States does not separate the servient estate