Dominant estate


Dominant estate

A dominant estate is the parcel of real property that has an easement over another piece of property (the servient estate). The type of easement involved is almost always an appurtenant easement. Likewise, it is almost always an affirmative easement, that is, one that permits a person to do something. [1] estate is a common law concept.

A dominant estate is also called a dominant tenement, as noted in a section of an article on easements.

In real estate law, it is the property retained when the original owner (the seller or grantor) splits off a property and conveys part of the original property; the owner retains an easement for an access (such as a driveway or utilities). [2]

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." [3]

Recognition by various jurisdictions

Most states in the United States recognize this common law notion of estate. [4] [5] [6] [7] [8] [9]

It is not clear whether all community property states have the same concept, but it is recognized in Arizona and Texas.[10] [11]

It is recognized in Canadian law, where it is known, in French as Fond dominant. [12]

References

See also


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Look at other dictionaries:

  • dominant estate — see estate 4 Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. dominant estate n …   Law dictionary

  • dominant estate — or tenement /domsnsnt asteyt/ Land that benefits from easement on another (usually adjacent) property. That to which a servitude or easement is due, or for the benefit of which it exists. A term used in the civil and Scotch law, and later in ours …   Black's law dictionary

  • dominant estate — or tenement /domsnsnt asteyt/ Land that benefits from easement on another (usually adjacent) property. That to which a servitude or easement is due, or for the benefit of which it exists. A term used in the civil and Scotch law, and later in ours …   Black's law dictionary

  • Dominant estate — Dominant Dom i*nant, a. [L. dominans, antis, p. pr. of dominari: cf. F. dominant. See {Dominate}.] Ruling; governing; prevailing; controlling; predominant; as, the dominant party, church, spirit, power. [1913 Webster] The member of a dominant… …   The Collaborative International Dictionary of English

  • dominant estate — dominant tenement or dominant estate, Law. land in favor of which a servitude exists over another tenement …   Useful english dictionary

  • dominant estate — Same as dominant tenement …   Ballentine's law dictionary

  • dominant estate or tenement — /domsnsnt asteyt/ Land that benefits from easement on another (usually adjacent) property. That to which a servitude or easement is due, or for the benefit of which it exists. A term used in the civil and Scotch law, and later in ours, relating… …   Black's law dictionary

  • dominant estate or tenement — /domsnsnt asteyt/ Land that benefits from easement on another (usually adjacent) property. That to which a servitude or easement is due, or for the benefit of which it exists. A term used in the civil and Scotch law, and later in ours, relating… …   Black's law dictionary

  • dominant tenement — dominant estate or tenement /domsnsnt asteyt/ Land that benefits from easement on another (usually adjacent) property. That to which a servitude or easement is due, or for the benefit of which it exists. A term used in the civil and Scotch law,… …   Black's law dictionary

  • dominant tenement — dominant estate or tenement /domsnsnt asteyt/ Land that benefits from easement on another (usually adjacent) property. That to which a servitude or easement is due, or for the benefit of which it exists. A term used in the civil and Scotch law,… …   Black's law dictionary