Dominant estate and serviant estate each have something to gain.
An easement is an interest in land through which one individual has the right to use the land of another for a specific purpose. An easement is a liberty, privilege or advantage in land without profit, existing distinct from ownership. Thus, an easement, having been created, leaves two distinct property interests in the property: the dominant estate and the servient estate. The dominant estate enjoys the privileges the easement granted, while the servient estate permits the dominant estate to exercise those privileges. The grantor’s property, which is subject to the easement, is often referred to as the “burdened parcel”, while the property that benefits from the easement is referred to as the “benefited parcel.” Thus, the prospective purchaser of land benefited by the easement will have a very different view from that of the prospective purchaser of land burdened by the easement: the former may seek assurance that the easement remains enforceable and, moreover, suitable to their intended use of the benefited land, but that latter may seek assurance that the easement is non-invasive or unenforceable altogether. This white paper reviews express, implied and prescriptive easements.
Duane H. Wunsch
Fidelity National Title Group, Inc.
- Wisconsin State Counsel for Fidelity National Title Group
- Over 30 years of experience, including searching and examining titles, closing transactions, and handling title insurance claims
- Member of the State Bar of Wisconsin and the Milwaukee Bar Association
- Past President of the Wisconsin Land Title Association
- J.D. degree, Emory University; B.A degree, UW - Madison
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