What is dominant land easement?

What is dominant land easement?

An easement is a right benefitting a piece of land, which is known as the dominant land, that is adjoined over another piece of land owned by someone else, known as the servient land. For an easement to exist you must have this separate dominant and servient land and they must be in separate ownership.

What does easement mean in law?

An easement is a legal right benefiting property or a piece of land (known as the dominant land) that is enjoyed over another piece of land owned by somebody else (servient land). A common example of an easement is one that allows the owner of the dominant land to do something on the servient land.

How is an easement related to the dominant tenement?

The land which has the benefit of the easement is referred to as the dominant tenement and the land which is subject to the easement is referred to as the servient tenement. The use of the servient tenement by its owner may also be restricted by the easement. An easement must be appurtenant to land and cannot exist in gross.

Where do you put an easement on a Torrens tenement?

If the servient tenement is Torrens Title land and the dominant tenement is Old System land the easement may be registered on the folio for the servient tenement and may be registered in the General Register of Deeds. If the servient tenement is Old System land the easement may only be registered in the General Register of Deeds.

How is an easement displayed on a title?

It will display on title in the name of “the Current Dominant Tenement” rather than in the name of the holder who registered the interest. This is because an easement mutual runs with the land rather than the individual interest holder. If the land transfers, the owner of the current dominant tenement will always have the rights under the easement.

What are the underpinnings of an easement?

Underpinning of Foundations Easements must have lands which are burdened (called the servient tenement) and land which are benefited by the easement (called the dominant tenement).

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