dominant estate


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Related to dominant estate: Servient tenement

dominant estate

Where a restriction on use of one piece of real property is imposed in order to confer a benefit upon the owner of another, the former is called the servient estate and the latter the dominant estate.For example, if ownership of one field confers upon its owner the easement or right to walk across the field of a neighbor in order to reach the highway, the field whose owner has that right is the dominant estate and that which may be crossed is the servient estate.
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predial servitudes because the lessees did not own a dominant estate.
the dominant estate is located such that it can derive a benefit from
action to recover damages from the dominant estate owner.
conventional, nature of these servitudes, the dominant estate owner
Most states allow the minerals to be the dominant estate over the surface.
The current trend in the courts is to consider minerals the dominant estate, but to further consider the rights and damages of surface owners on a case-by-case basis.