Dominant estate

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A dominant estate is the parcel of real property that has an easement over another piece of property (the servient estate). The type of easement involved is almost always an appurtenant easement. Likewise, it is almost always an affirmative easement, that is, one that permits a person to do something.[1] Estate is a common law concept.

A dominant estate is also called a dominant tenement, as noted in a section of an article on easements.

In real estate law, it is the property retained when the original owner (the seller or grantor) splits off a property and conveys part of the original property; the owner retains an easement for an access (such as a driveway or utilities).[2]

In certain cases, dominant estate refers specifically to a parcel or building premises that is subject to a cell tower or a solar panel: "that parcel of land to which the benefits of a solar access easement attach."[3]

Recognition by various jurisdictions[edit]

Most states in the United States recognize this common law notion of estate.[4][5][6][7][8][9]

It is not clear whether all community property states have the same concept, but it is recognized in Arizona and Texas.[10][11]

It is recognized in Canadian law, where it is known, in French as fond dominant.[12]

References[edit]

  1. ^ Conservation easement law Archived October 11, 2006, at the Wayback Machine.
  2. ^ Law Dictionary
  3. ^ "CODE OF IOWA TITLE XIV. PROPERTY SUBTITLE 2. REAL PROPERTY -- GIFTS CHAPTER 564A. ACCESS TO SOLAR ENERGY IOWA CODE § 564A.1 (2003)". dsireusa.org. Database of State Incentives for Renewables and Efficiency. Archived from the original on 27 September 2007. Retrieved 24 March 2014. 
  4. ^ Colorado Archived June 9, 2007, at the Wayback Machine.
  5. ^ Hawaii Archived May 14, 2007, at the Wayback Machine.
  6. ^ Iowa Archived September 27, 2007, at the Wayback Machine.
  7. ^ "N.C. Administrative Office of the Courts". aoc.state.nc.us. 1998. Retrieved 24 March 2014. 
  8. ^ South Carolina
  9. ^ Virginia
  10. ^ Arizona law Archived June 14, 2007, at the Wayback Machine.
  11. ^ Texas law Archived August 21, 2008, at the Wayback Machine.
  12. ^ Canadian law article on dominant estate Archived November 26, 2003, at the Wayback Machine.

See also[edit]