Indiana Regeneration Facility Easement
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FAQ
Dominant 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.
Your rights as a property owner include deciding who has access to and use of your property. You can refuse a utility easement request, especially if there are alternate properties that the company could use instead of yours.
Under Indiana law, easements may be created by grant, prescription, or implication. An easement by grant is the most common. Such easement arises by way of a deed or contract, and the scope of easement holder's rights are controlled by the governing terms of the instrument.
An easement is the right to use or enter land, or servient estate, that belongs to someone else for a particular purpose, often to benefit the dominant estate. Because utilities go hand-in-hand with the use of property, easements provide the route for utilities to gain access to property.
In fact, the owner of an easement has the right and obligation to maintain the easement. Moreover, they have a duty to keep in the easement in a safe condition to prevent injury to third persons using the easement.
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
