Also known as: dominant estate · servient estate · dominant estates · servient estates · dominant tenement · servient tenement
Written by attorneys · grounded in primary & secondary sources — see below
A pair of estates in land connected by an easement. The dominant estate receives the benefit of the easement over the servient estate, which bears the corresponding burden.
Dominic Drake granted Pipeline Company a recorded easement to install and maintain a high-pressure gas line across his ranch. The ranch is the servient estate because its possessor is subject to the easement. Pipeline Company holds no separate dominant parcel.
Dillon Energy holds an easement across Dakota Industries' land for a private rail spur used in agricultural shipping. After Dakota Industries built a second spur on the same strip, both companies must contribute to reasonable repair costs for the shared portion under their joint use.
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Demetrius Douglas conveyed a parcel to Darius Dixon while retaining an adjoining lot. The conveyance created an access easement over Dixon's parcel so Douglas could reach the public road. Dixon's parcel is the servient estate burdened by the easement benefiting Douglas's retained land.
Devon Drake owns the servient estate subject to an easement allowing Dwight Dorsey to cross a corner of the property for access to a public road. Drake may install a gate on his land provided the gate does not unreasonably interfere with Dorsey's passage.
Before selling the dominant parcel to David Dawson, the prior owner had used a dirt path across the neighboring servient parcel for farm equipment. After the sale the court considers that prior use when determining the scope of the appurtenant easement now held by Dawson.
After Dominic Drake purchased the dominant estate, he began using the easement path across the servient estate for daily commercial deliveries instead of the seasonal farm traffic that existed at the time of the conveyance. The court examines the post-conveyance use to decide whether the intensified activity exceeds the easement's scope.
An appurtenant easement ordinarily passes to each subdivided portion of the dominant estate. Each successor may use the servient estate in a manner consistent with the original grant unless the creating instrument clearly limits apportionment.
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The beneficiary of an easement must repair and maintain the portions of the servient estate under its control to prevent unreasonable interference with the servient owner's enjoyment or to avoid liability to third parties. The servient owner has no general duty to repair unless the parties have agreed otherwise or joint use creates a contribution obligation.
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The servient owner may make any use of its land that does not unreasonably interfere with the beneficiary's enjoyment of the easement. Uses that materially increase the burden or obstruct the authorized purpose are not permitted.
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Courts consider the language of the conveyance, the circumstances under which it was made, whether it was gratuitous, and the uses made of the servient tenement both before and after the conveyance.
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…appeal from a judgment that denied their counterclaim for an injunction against Will and Jean Brown, plaintiffs, owners of the dominant estate. Defendants requested the injunction to prevent plaintiffs from using an easement appurtenant to gain access to a nondominant estate adjacent to the dominant estate. We reverse and remand…