Also known as: dominant estate · dominant tenement · dominant tenements
Written by attorneys · grounded in primary & secondary sources — see below
A parcel of land that benefits from an easement over another parcel. The benefit runs with the land and passes to successors in possession of the benefited parcel.
Diego Duarte owns Parcel A and holds an express easement across Parcel B owned by Dylan Duffy for access to a public road. When Duarte sells Parcel A to Delilah Duran, she may continue using the road across Parcel B because the easement benefits the land itself.
Dixon Foods holds an easement across land owned by Duffy Construction to run a water line to its processing plant. When Dixon upgrades the line to a larger modern pipe to handle increased production, Duffy cannot block the work because the upgrade remains reasonably necessary for the dominant estate's convenient enjoyment.
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Dakota Industries owns a warehouse served by an access easement across Duarte Shipping's lot. After Dakota converts the warehouse into a distribution center with more truck traffic, the easement still permits the increased use because the parties contemplated normal development of the dominant parcel at the time of the grant.
Dwight Dorsey owns a hilltop lot benefited by an access easement over Daphne Doyle's ranch. When Dorsey subdivides the lot into three parcels and sells two, each new owner may use the easement because the benefit attaches to every portion of the original dominant estate.
Darius Dixon owns farmland benefited by an irrigation easement over neighboring property. When Dixon sells the farm to a buyer who later divides it among heirs, each heir receives a proportionate share of the water right because the easement runs with every subdivided portion of the dominant estate.
Delilah Duran owns a beachfront lot benefited by a recorded view easement over an adjacent parcel. When Duran sells the lot, the buyer inherits the right to enforce the view restriction because the easement is appurtenant to the dominant estate and travels with title to that land.
Each resulting parcel ordinarily receives the benefit of the easement unless the creating instrument clearly provides otherwise. The total use must remain within the scope originally contemplated so the servient estate is not unreasonably burdened.
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Yes. Every succeeding possessor, whether rightful or wrongful, is entitled to the benefit of an appurtenant easement while the easement continues and the person remains in possession of the dominant tenement.
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Yes. The holder may adjust the manner, frequency, and intensity of use to accommodate normal development of the dominant estate or to take advantage of technological changes, provided the use remains reasonably necessary and does not cause unreasonable damage or interference.
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The extent is fixed by the terms of the conveyance. Courts assume the parties contemplated normal development of the dominant tenement unless the instrument expressly negates that assumption.
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…appeal from a judgment that denied their counterclaim for an injunction against Will and Jean Brown, plaintiffs, owners of the dominant estate. Defendants requested the injunction to prevent plaintiffs from using an easement appurtenant to gain access to a nondominant estate adjacent to the dominant estate. We reverse and remand…