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Dominant estate

   Also found in: Legal, Financial, Encyclopedia, Wikipedia 0.03 sec.
(Law) the estate to which a servitude or easement is due from another estate, the estate over which the servitude extends being called the servient estate or tenement.

See also: Dominant



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The 4th Circuit found that the grant of an easement gives the holder of the dominant estate the right to utilize technological improvements.
[1] Similarly, in a non-corridor easement taking case a court ruled that where the servient estate does not need the easement, damages from its loss are minimal even if the value of its removal to the dominant estate is quite high.
The settlement amounts are generally reached by negotiation according to common practice in the area, with the important proviso that all parties understand the mineral estate is the dominant estate and local courts of law will quickly establish what is reasonable if an agreement is not reached.
 
 
 
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