Also known as: dominant tenants · dominant tenement
Written by attorneys · grounded in primary & secondary sources — see below
The possessor of land benefited by an easement appurtenant to that land.
Select any source to read its text and confirm it supports the definition.
Diana Delgado owns a farm that uses a recorded right of way across Derek Douglas's adjacent parcel to reach an irrigation canal. The deed creating the right of way states it benefits the farm parcel. When Diana sells the farm to Dakota Industries, the company continues driving tractors over Derek's land without interruption.
Dustin Donovan owns a warehouse served by an easement over Dwight Dorsey's neighboring dock for loading cargo. Dustin subdivides the warehouse parcel and sells one unit to Dillon Energy. Dillon Energy begins using the dock for its own shipments, and the court permits the use as consistent with normal development of the dominant parcel.
Darius Dixon holds an easement across Davenport Pharmaceuticals' land to access a private road for his ranch operations. Darius sells the ranch to Desert Oil, which continues using the road for its vehicles. The easement remains enforceable because it is tied to possession of the benefited land.
Dylan Duffy owns a shopping center that benefits from an easement over a private drive on land owned by a neighbor. Dylan converts the center into retail condominium units and sells them to separate store operators. Each new owner continues sending customers across the drive, and the easement rights attach to each subdivided portion of the original dominant parcel.
Yes. The benefit of an appurtenant easement passes with possession of the dominant tenement to any successor, whether the transfer occurs by conveyance or operation of law.
Only if the creating instrument or the manner of creation expressly prevents succession. Absent such limiting language, the easement remains appurtenant and transfers with the land.
Each subdivided portion ordinarily inherits the benefit of the easement provided the total use stays within the original scope and the creating instrument does not limit the right to a single part of the parcel.
…the rule in this way: “In order to establish an abandonment there must be in addition to nonuser, acts by the owner of the dominant tenement conclusively and unequivocally manifesting either a present intent to relinquish the easement or a purpose inconsistent with its future existence.” Nelson , 32 A.2d at 146 (emphasis…