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.
without digging below the surface of the servient estate
The holder of an easement may not exercise her easement in a way that places an undue burden upon the servient estate
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
53) In property law, the dominant estate is the parcel benefited by the easement; the servient estate
is the parcel burdened by the easement.
However, the dominant estate may not unreasonably burden the servient estate
in a manner that is inconsistent with the general property right of the servient estate
government's servient estate
in an 1862 FGROW, did so on the
Columbia Gulf Transmission, the Fifth Circuit Court of Appeals held that the owner of a pipeline servitude has a duty, in the absence of any contrary language in the servitude agreement, not to aggravate the condition of the servient estate
by allowing a pipeline canal dredged under the authority of the servitude agreement to widen beyond the specified width of the canal or of the servitude itself.
The fact that the surface owner knew, or should have known, that he was buying a tract of land where his "quiet enjoyment" could be potentially disrupted as the servient estate
is rarely supported in law.
The fact that the map was later abandoned does not have any significance since the easements were already in place when the map was filed and those easements could not be eliminated by any act of the servient estate
(the burdened property).
servitude agreements must be construed in favor of the servient estate