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Easement With Only A Servient Tenement
State:
California
Control #:
CA-EAS-6
Format:
Word;
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There are two types of easements: affirmative and negative. An affirmative easement gives the easement holder the right to do something on the grantor of the easement's land, such as travel on a road through the grantor's land.
An easement is In Gross when there is only a servient tenement, which provides the burden of the easement, and the benefit is provided to some individual(s) or business. An easement is affirmative when the servient tenement allows some type of activity to occur on the land.
There are two types of easements: affirmative and negative. An affirmative easement gives the easement holder the right to do something on the grantor of the easement's land, such as travel on a road through the grantor's land.
An easement appurtenant is an easement that benefits one parcel of land, known as the dominant tenement, to the detriment of another parcel of land, known as the servient tenement.
Dominant Tenement (also called dominant estate) refers to property that uses an easement over another property. For example, if lot A had an easement over lot B to access water lines underground, lot A would be the dominant tenement and lot B would be the servient tenement.
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Burdens another property, referred to as a servient tenement, the owner's use of which is subject to the easement. There are different kinds of easements.When only a portion of the servient or dominant estate is acquired, there is no complete unity of title. Therefore, the easement still stands. Dominant and Servient Tenement. The easement can only exist if it is annexed to a piece of land. The plaintiff must establish that the nature of the easement claimed serves the dominant tenement and is reasonably necessary for the enjoyment of the land. B. Easements in Gross.