The right of way claimed is at the point least prejudicial to the servient estate; and insofar as consistent with this rule, where the distance from the dominant estate to a public highway may be the shortest.
The third requisite, the isolation of the dominant estate was not due to the Zerc's own acts.
There, the owner of the servient estate had given the dominant estate owner per mission to replace sewer lines that ran across the servient estate.
Similarly, an Illinois appellate court ruled that an oral license to use a roadway became irrevocable because the licensee spent money to improve the roadway, expended substantial sums developing the dominant estate, and had no other access to the property.
servitude to benefit a dominant estate, the court will look at the
predial servitudes because the lessees did not own a dominant estate.
Should this easement be established in such a manner that its use may be continuous for all the needs of the dominant estate, establishing a permanent passage, the indemnity shall consist of the value of the land occupied and the amount of the damage caused to the servient estate.
The easement of right of way shall be established at the point least prejudicial to the servient estate, and, insofar as consistent with this rule, where the distance from the dominant estate to a public highway may be the shortest.
the dominant estate with a right as a matter of law to demand passage
language of Article 692 specifically forbids the dominant estate owner
Article 650 of the Civil Code provides that in determining the existence of an easement of right of way, the requirement of 'least prejudice to the servient estate' trumps 'distance [between] the dominant estate
[and the] public highway.' 'Distance' is considered only insofar as it is consistent to the requirement of 'least prejudice.'
Most states allow the minerals to be the dominant estate
over the surface.