A dominant estate (or dominant premises or dominant tenement) is the parcel of
real property
In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixe ...
that has an
easement
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a propert ...
over another piece of property (the
servient estate
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 appurten ...
). The type of easement involved may be an
appurtenant easement
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property ...
that benefits another parcel of land, or an easement appurtenant, that benefits a person or entity. The easement may also be an affirmative easement, that permits a person to do something on the servient estate, or a negative easement that allows the holder of the easement to restrict activity on the servient estate.
Estate is a
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
concept.
In
real estate
Real estate is property consisting of land and the buildings on it, along with its natural resources such as crops, minerals or water; immovable property of this nature; an interest vested in this (also) an item of real property, (more general ...
law, an easement appurtenant may be created for the benefit of the original owner (the seller or grantor) of property who splits off a property and
conveys part of the original property; the owner may retain an easement for an access (such as a driveway or utilities).
In certain cases, ''dominant estate'' refers specifically to a parcel or
building premises that is subject to a cell tower or a solar panel: "that parcel of land to which the benefits of a solar access easement attach."
Recognition by various jurisdictions
Canada
Easements are recognized in
Canadian law
The legal system of Canada is Legal pluralism, pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the Napoleonic Code, French civil law system (inherited from its New Fra ...
, where the dominant estate is known in
French
French (french: français(e), link=no) may refer to:
* Something of, from, or related to France
** French language, which originated in France, and its various dialects and accents
** French people, a nation and ethnic group identified with Franc ...
as fond dominant.
United States
All states within the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
recognize easements. Most have passed statutes that may modify the
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
principles that control easements and the rights and duties of the dominant estate.
Texas law
References
See also
* Structural encroachment
A structural encroachment is a concept in real property law, in which a piece of real property projects from one property over or under the property line of another landowner's premises. The actual structure that encroaches might be a tree, bush, ...
* Conservation easement
In the United States, a conservation easement (also called conservation covenant, conservation restriction or conservation servitude) is a power invested in a qualified private land conservation organization (often called a "land trust") or gove ...
* Easement
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a propert ...
* Driveway
A driveway (also called ''drive'' in UK English) is a type of private road for local access to one or a small group of structures, and is owned and maintained by an individual or group.
Driveways rarely have traffic lights, but some that bear ...
Real property law
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