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servitude will decrease the value of the servient estate, or that the
Comparing a servient estate's bundle of rights before and after the easement taking--albeit a difficult task--provides a means of quantifying the impact of an easement.
servient estates." (27) Plaintiffs cited language in the form easement contracts stating that Magnolia "hereby agree[d] to pay any damages that may arise to crops, timber, or fences from the use of said premises for such purposes." (28) Plaintiffs also asserted that Exxon, as the holder of the easement, had an affirmative duty to maintain the property but breached this duty by operating the Pipeline in an "unsafe, defective, and unreasonably dangerous condition." (29) By breaching this duty, Plaintiffs ultimately alleged Exxon's breach of the easement contracts "create[d] an immediate zone of danger to the[m]...
At their cores, both the civil law rule and reasonable use rule seek to allow a dominant estate to drain surface water over a servient estate as long as the drainage does not cause unreasonable harm.
A: Even assuming that the right of way being claimed by the respondent is not the shortest distance from the dominant estate to the public highway, it is well-settled that '[t]he criterion of least prejudice to the servient estate must prevail over the criterion of shortest distance although this is a matter of judicial appreciation.
Thus, where an easement in gross exists, there is a servient estate, but not a dominant estate.
without digging below the surface of the servient estate.
surface estates are servient estates. (57) In other words, a mineral
The defendant's property (the servient estate) was located between the dominant estate and the river.
government's servient estate in an 1862 FGROW, did so on the
The fact that the surface owner knew, or should have known, that he was buying a tract of land where his "quiet enjoyment" could be potentially disrupted as the servient estate is rarely supported in law.
The fact that the map was later abandoned does not have any significance since the easements were already in place when the map was filed and those easements could not be eliminated by any act of the servient estate (the burdened property).
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