in which the servient estate
owner's preferred route, the location
A servient estate
's right of quiet enjoyment may be significantly disturbed depending on the wording of the easement.
In addition, the instrument must identify the servient estate
and reflect the grantor's intent to create an easement.
have notice that a servitude exists on a servient estate
in the event
It often involves blocking access to easement routes or erecting structures on easement-encumbered land in a way that interferes with the use of the servient estate
. The conduct must be something actionable by the easement holder.
In the end, the holder of the easement compensates the servient estate
and a strip of land becomes burdened by the easement.
5 owned by William (servient estate
), where the national highway ran along.
damage to the dominant or servient estate
. (65) The court stated that it
(1) specify easement width, allowing sufficient space within the bounds of the easement for intended use (including drainage and possible future installation of utilities if the easement is a driveway or private road) and for maintenance/repair work in order to avoid any claim of trespass on the servient estate
(62) Additionally, the court found the easement of the servient landowner to accept the waters was qualified by reasonableness and had to be "consonant with good neighborliness." (63) The court acknowledged reasonableness when it said that the legal easement is subject to two conditions: one, the water discharged cannot be "cast upon the servient estate
in unusual or unnatural quantities[,]" (64) and two, such drainage cannot be accomplished by unreasonable injury to servient lands.
According to the Supreme Court of New Hampshire, it would be unfair to the owner of the dominant estate to extinguish a prescriptive easement appurtenant simply because the taxes were not paid on the servient estate
The proposed easement of right of way is established at the point least prejudicial to the servient estate
, and insofar as consistent with this rule, where the distance of the dominant estate to a public highway may be the shortest.