owner for any damage that may have been created.
Adverse use by one member of a class is insufficient to give a servient estate
owner notice that all members of a class are asserting prescriptive rights, according to the Supreme Judicial Court of Maine.
The court then noted that an easement holder has the right to make incidental uses beyond the express easement if the uses are necessary for enjoyment of the easement and do not unreasonably injure the servient estate
. The court found that walking along the river bottom is necessary to utilize the water for several authorized activities, such as swimming and fishing.
The use of EFS ratios in appraisal is limited to the application of the inverses of these ratios in before-and-after valuation to determine market value of the servient estate
(i.e., underlying fee interest in the parent tract).
(148) While the court agreed with Plaintiffs' argument that easement holders have a duty to not interfere with the "use and enjoyment" of the servient estate
, Plaintiffs failed to establish this because their allegations of property damage were "vague" and failed to show an actual physical injury.
"The relief sought by Webster Ventures in the Second Amended Complaint would require this court to find that where a single party owns land on both sides of a road which serves as a right of way for others benefitted by an easement by estoppel or an implied easement, the ownership of that land gives the servient estate
owner the right to seek to modify or extinguish the easement under M.P.M.
(11) One of the most prominent qualifications is the "good-husbandry exception," which allows for surface waters to be channeled and accelerated off of a dominant estate and through well-defined channels of a servient estate
. (12) South Dakota, which finds itself on the forefront of drainage law with great regularity, adopted this exception back in 1917 with a variant that states:
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.
Instead, the Deed contains the words "for highway purposes." For those words to have any meaning at all, they must encompass something more than a private road to be used only by the Forest Service and the owners of the servient estate
.<br />It is also undisputed that members of the public have used the road regularly since it was built and have driven vehicles on it when the Forest Service gate is open during big game hunting season.
An easement appurtenant is created for the beneficial use of a particular parcel of real property, which is referred to as the "dominant estate" or the "dominant tenement." Correspondingly, the real property that is burdened by the easement is commonly referred to as the "servient estate
" or "servient tenement." See, e.g., Newman v.
. (27) However, the main difference between personal and
As seen, the law of servitudes benefits the holder of a servitude--for example, of a support right or of an affirmative covenant--by empowering her to force the owner of the subjected land, known as the "servient estate
," to maintain that land.