Also known as: upper estates · dominant estate
Written by attorneys · grounded in primary & secondary sources — see below
The parcel of land benefited by an easement or other servitude. The holder of the upper estate may use the servient estate in a manner reasonably necessary for convenient enjoyment of the servitude, with changes in use permitted to accommodate normal development or technology so long as no unreasonable damage or interference occurs.
Umbra Technologies holds an easement across the rear of land owned by Ursula Ureña for overhead power lines. Ursula later grants Cable TV Company an underground conduit easement in the same strip. The upper estate holder may continue its overhead use because the new underground installation does not unreasonably interfere with convenient enjoyment of the existing servitude.
Will and Jean Brown own parcel B benefited by an easement across Fred and Hattie Voss's land for access to parcel B. The Browns begin using the easement to reach an adjacent parcel C they also own. The upper estate is limited to serving only the dominant parcel B, so the expanded use to benefit parcel C exceeds the scope of the servitude.
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Owners of lot D in a residential subdivision attempt to operate an ice cream and dairy sales business on the parcel. The upper estate parcels held by neighboring owners benefit from recorded restrictions limiting uses to residential purposes. The business operation violates the servitude benefiting the upper estates, so the neighbors may obtain an injunction.
An upper estate is simply another name for the dominant estate that receives the benefit of a servitude. The benefit runs with that land so that successive owners of the upper estate automatically receive the right to use the servient estate.
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Yes. The holder may adjust the manner, frequency, and intensity of use to accommodate normal development of the upper estate or new technology, provided the changes remain reasonably necessary and cause no unreasonable damage or interference with the servient estate.
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Each upper estate holder may use the servient land only in a manner reasonably necessary for its own servitude. Additional servitudes may be created on the servient estate only if they do not unreasonably interfere with prior holders' convenient enjoyment.
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Subdivision does not extinguish the easement. Each resulting parcel ordinarily receives a proportionate share of the benefit, subject to reasonable apportionment that prevents an unreasonable increase in the burden on the servient estate.
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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…