Dominant estate

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A dominant estate (or dominant premises or dominant tenement) is the parcel of real property that has an easement over another piece of property (the servient estate). The type of easement involved may be an appurtenant easement that benefits another parcel of land, or an easement appurtenant, that benefits a person or entity.[1] The easement may also be an affirmative easement, that permits a person to do something on the servient estate, or a negative easement that allows the holder of the easement to restrict activity on the servient estate.[1] Estate is a common law concept.

In real estate law, an easement appurtenant may be created for the benefit of the original owner (the seller or grantor) of property who splits off a property and conveys part of the original property; the owner may retain 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]

Canada[edit]

Easements are recognized in Canadian law, where the dominant estate is known in French as fond dominant.[4]

United States[edit]

All states within the United States recognize easements. Most have passed statutes that may modify the common law principles that control easements and the rights and duties of the dominant estate.[5][6][7][8][9][10][11]

References[edit]

  1. ^ a b Larson, Aaron (12 May 2018). "What is an Easement". ExpertLaw.com. Retrieved 15 May 2018.
  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. ^ Canadian law article on dominant estate Archived November 26, 2003, 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. Archived from the original on 27 March 2014. 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.

See also[edit]