Also known as:dominant properties · dominant estate · dominant tenement
Written by attorneys · grounded in primary & secondary sources — see below
A parcel of land that receives the benefit of an easement over another parcel. The benefit attaches to possession of the benefited land and passes automatically to successors in possession unless the creating instrument provides otherwise.
Sources & Authorities· 9 sources
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Restatements
Dictionaries
How it applies
Common Examples
6
Irrigation Ditch Access After Subdivision
Darrell Duncan inherited a large farm that enjoyed an appurtenant easement for irrigation ditch access across land owned by his neighbor. After dividing the farm into three separate smaller farms among his heirs, each heir began drawing water through the same ditch to irrigate crops on the respective parcels. The neighbor contended that the easement applied only to the original unified farm. Each subdivided parcel carried the same ditch-use rights as part of the original dominant estate.
Alley Use After Retail Store Purchase
Dillon Energy purchased a storefront in a shopping center. The prior owner had used a rear alley for loading goods under an easement appurtenant. The neighboring boutique owner changed the lock and refused access, claiming the easement ended because the deed did not mention it. The new owner acquired the right to use the alley as successor to the dominant tenement.
Pipeline Adaptation After Technology Change
Deborah Dunn owned a ranch irrigated through a buried pipeline crossing a neighbor's field under an easement created by conveyance. After acquiring modern pumping equipment that increased flow volume, she continued using the same pipeline route. The parties to the original conveyance contemplated a normal development of the use of the dominant tenement.
Access Dispute Over Adjacent Parcel
Dustin Donovan owned parcel B and used an easement across the Voss property to reach it. He later acquired an adjacent nondominant parcel and attempted to extend the easement route to serve the new land. The servient owners sought an injunction to prevent use of the easement to benefit property other than the dominant estate.
Brown v. Voss38 Wash. App. 777, 689 P.2d 1111 (1984)
Hog Confinement Odor Easement Challenge
Daphne Doyle operated a hog confinement facility on her land under a recorded easement allowing odor emissions across neighboring parcels. County supervisors later imposed additional restrictions after neighboring owners complained. The dominant property owner asserted that the easement protected the facility's normal operations against later regulatory interference.
Bormann v. Board of Supervisors in and for Kossuth County584 N.W.2d 309 (Iowa 1998)
Ice Cream Shop Restriction Violation
Diamond Manufacturing purchased lot D subject to a recorded restriction limiting use to residential purposes. The company erected a building for the sale of ice cream and dairy products. Owners of nearby lots that benefited from the restriction sued to enforce it against the new use of the servient land.
Snow v. Van Dam197 N.E. 224 (Mass. 1935)
Common questions
Frequently Asked
5
Does an appurtenant easement pass automatically when the dominant property is sold?+
Yes. An appurtenant easement transfers automatically with possession of the dominant land. No new grant in the deed is required. The easement is treated as an incident of possession that travels with each parcel.
Supporting sources
What happens to an easement when the dominant property is subdivided among multiple owners?+
Each subdivided parcel inherits the same privileges of use that the original owner possessed. Subdivision of the dominant tenement does not destroy the easement. Apportionment occurs by operation of law.
How does a court determine whether an easement benefits a particular parcel as dominant property?+
A court examines whether the right was created to benefit a particular parcel and in fact benefits the possessor in the use of that land. When the benefit is tied to the land itself rather than to any individual, the easement is appurtenant to the dominant property.
Supporting sources
Can the holder of an easement over dominant property adapt its use to accommodate changes in technology or normal development?+
The holder is entitled to use the servient estate in a manner reasonably necessary for convenient enjoyment. The manner, frequency, and intensity of use may change over time to take advantage of developments in technology and to accommodate normal development of the dominant estate.
Supporting sources
Does temporary unity of ownership of dominant and servient estates extinguish an appurtenant easement?+
Unity of ownership extinguishes an easement to the extent the dominant owner could make the same uses after unity by virtue of owning the servient estate. The extinguishment occurs at the moment of unity and is not revived upon later severance unless a new easement is created.
Supporting sources
dominant estate
and burdens the servient
estate
is extinguished when fee title to each
estate
is united in one owner."). The supreme court has also used merger when the same person acquires title to a…
dominant estate
”), Cummings v. Dosam, Inc. , 273 N.C. 28, 32, 159 S.E.2d 513, 517 (1968). As such, a real covenant may be enforced at law or in equity by the owner of the
dominant estate
against the owner…
dominant tenement
or
tenement
s . . . .” There follow 26 numbered paragraphs in which restrictions, covenants and conditions common to subdivision developments of the type here involved are spelled out which…
, the restriction will not burden the supposed servient
estate
, but will be a mere personal contract on both sides. Lowell Institution for Savings v. Lowell , 153 Mass. 530. Bessey v.…
Real PropertyRights in real property · Restrictive covenantsUBEIntermediate