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The property subject to the easement is known as the ?burdened? or ?servient? parcel. The property that uses the easement is known as the ?benefited? or ?dominant? parcel. The California Civil Code lists eighteen explicit servitudes.
Hear this out loud PauseLitigation: When the Conveyance Is ?Subject To? an Easement A piece of real estate may be ?subject to? shared driveways and walking paths, or passages granted to utility companies for electric lines, gas lines, or sewer pipes. Easements can be small or large.
Hear this out loud PauseDominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate. [Last updated in July of 2021 by the Wex Definitions Team]
An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.
Once a prescriptive easement is established, it creates a legal right to use the property for a specific purpose. This means that the owner of the property cannot interfere with the use of the easement, even if they did not originally grant permission for the use.
In the absence of terms and conditions that specify otherwise, the owner of any residential real property that benefits from an easement or right-of-way, the purpose of which is to provide access to and from such residential real property, shall be responsible for the cost of maintaining such easement or right-of-way ...