Last edited 06 Jan 2021

Dominant estate

A dominant estate (also known as dominant premises or a dominant tenement) is an area, or parcel, of land that has a benefit attached to it, i.e. an easement. An easement is a right which a person has over land owned by someone else. A benefit that runs with the land regardless of who owns it is known as an ‘easement appurtenant’.

The dominant estate enjoys a use that is a burden on another property (known as the servient estate) such as a right of way or access to utilities.

Easements for dominant estates are recognised in the United States through statutes. In Canadian law where they are termed ‘fond dominant.’

For more information about UK law, see: Easements.

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