Search results
Results from the WOW.Com Content Network
A servient estate (or servient premises or servient tenement) is a parcel of land that is subject to an easement. The easement may be an easement in gross, an easement that benefits an individual or other entity, or it may be an easement appurtenant, an easement that benefits another parcel of land.
The land with the benefit of the easement is the dominant estate or dominant tenement, while the land burdened by the easement is the servient estate or servient tenement. For example, the owner of parcel A holds an easement to use a driveway on parcel B to gain access to A's house.
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.
When a servient estate exists but the servient owner cannot be determined, and where the law allows, a dominant owner may be granted a servitude right a non domino, i.e. absent the servient owner. In this event, the dominant owner will generally not be indemnified by the land registry for the statutory prescriptive period.
Easements in English law are certain rights in English land law that a person has over another's land. Rights recognised as easements range from very widespread forms of rights of way, most rights to use service conduits such as telecommunications cables, power supply lines, supply pipes and drains, rights to use communal gardens and rights of light to more strained and novel forms.
A profit (short for profit-à-prendre in Middle French for "advantage or benefit for the taking"), in the law of real property, is a nonpossessory interest in land similar to the better-known easement, which gives the holder the right to take natural resources such as petroleum, minerals, timber, and wild game from the land of another. [1]
Although on the part of the servient estate the service may involve a tolerance, from the dominant party's point of view it may consist of a lawful interference (immissio) on the servient estate (affirmative servitude), or of a right to prevent (ius prohibendi) certain acts on the servient estate (negative servitude). When the service provided ...
While Brachtenbach stated the general rule that an easement appurtenant to one parcel of land may not be extended by the owner of the dominant estate to an additional non-dominant parcel owned by the owner of the dominant estate regardless of whether the additional parcel is adjacent to the dominant estate, and further declared that if an ...