What Is a Dominant Estate in Real Estate?
A dominant estate is the property that benefits from an easement. This means the owner has the legal right to use a portion of another property, known as the servient estate, for a specific purpose such as access, utilities, or drainage.
How a Dominant Estate Works
When an easement is created, the dominant estate receives a legal right to use part of another property. The servient estate must allow this use and cannot interfere with the easement’s intended purpose.
Common types of easements involving a dominant estate include:
- Ingress and egress (driveway or access easements)
- Utility easements for water, sewer, electricity, or gas lines
- Drainage easements for water flow or storm runoff
- Easements by necessity when a landlocked property needs access
The easement typically transfers to new owners when the dominant estate property is sold, making it a permanent property right unless legally terminated.
Example of a Dominant Estate
Property A sits behind Property B and needs a driveway to reach the public road.
- Property A receives an easement allowing use of a driveway across Property B.
- Property A is the dominant estate because it benefits from the easement.
- Property B is the servient estate because the easement crosses its land.
- The easement remains valid even if either property is sold.
Why Dominant Estates Matter
- Easements increase the utility and usability of a property
- They often improve access, value, and future development potential
- Rights typically transfer to future owners (run with the land)
- Owners must follow the specific terms of the easement
- Courts enforce the easement if the servient estate blocks access
Related Real Estate Terms
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