Dominant vs Servient Owners: Easement Law Explained

It is obviously in the interests of such a person to make all the owners of the servient tenement parties so that by binding all -owners of the servient tenement he may obtain a judgment of real value to himself and his successors in title to the dominant tenement. ... one servient tenement against the owner or owners of that tenement without joining the owners of the other servient tenements. ... The owner of the ....

One of the owners of the dominant tenement does not lose his servitude over the servient tenement by acquiring an interest in the latter. ... - This case turns entirely upon a point of law, namely, whether one of the owners of a dominant tenement who acquires an interest in a servient tenement thereby loses his servitude over the latter. ... to a tenement which is the property of one of the co-owners, or wherever a tenement which is the property of one of the ....

or servient tenement has been acquired by the owner of the other tenement, whether servient or dominant, without any intention of again parting with the property so acquired), and then after all the two tenements become separated, the servitudes which the fusion destroyed are not revived by such ... Upon these facts the only question is, whether the confusion or merger of the right of servitude enjoyed by the owners of the fields by the acquisition of those fields by the owner of the servient tenem....

the owner of owners of the dominant tenement of his right of way." ... contiguous lands is a servient tenement and the law says that the owner or owners of each such tenement is under a duty to permit the free exercise by the owner or owners of the dominant tenement of his right of way. ... (2) The dominant tenement, servient tenement or tenements and the right of way claimed should be pleaded with necessary metes and bounds. ... The owner ....

 Servitude-Right of cart way-Dominant and servient tenements not adjacent-Right to claim servitude. ... The dominant and servient tenements not being physically in touch, the servitude, whatever it is, over the intervening tenement, must be of such a kind as enables the plaintiff to exercise the right of cart way up to the dominant tenement. ... there is another tenement, the liberty of which remains intact; provided only that the dominant and servient tenement....

Servitude-Right of way over several contiguous lands-Owners of all servient tenements- Necessary parties. ... It is now admitted in the argument before me that in any event the declaration in the decree of a right of way as claimed across lots 1 and 4 could not bind the owners of those properties. It is not necessary that the servient tenement should adjoin the dominant tenements. ... Whether there be one or more servitudes is reckoned according to the number of the dominant te....

Servitude-Right of way-All co-owners of servient tenement necessary parties- Owner of intervening land-Civil Procedure Code, ss. 18 and 33. In an action for a declaration of a light of way all the co-owners of the servient tenement are necessary parties. ... In fact, the declaratory action should properly be brought in the form of a real action against the possessor of, and all persons claiming any real right to, the alleged servient tenement, to have the servitude declared in favour of the #HL_....

2025 Supreme(SRI)(SC) 9910

Other servient lands had not been revealed in the Answer, nor had there been any request for bring the owners of those servient tenements to be made parties to the action. ... Thus, when a right of way is established, it has to be established in relation to an ownership of a dominant land over the servient land. ... However, in De Silva v Nonohamy 34 N L R 113, the majority was of the view that it is not necessary to bring the owners of the other servient tenements as....

It was held that the owner of this right of way did not acquire a right of way from the piece of ground which he owned contiguous to, adjoining, the dominant tenement, through that dominant tenement, to the servient tenement. The facts in the present case are slightly stronger. ... There a man had two pieces of contiguous ground adjoining one another and from one of these, the dominant tenement, there was a right of way over the next piece of land, the servient tenement. ... Assuming for the sake ....

As was correctly observed by the Chief Justice Basnayake, the existence of a dominant and a servient tenement is crucial in establishing a servitutal right. Yet, the mere existence of a dominant and a servient tenement is not good enough, they must also be defined. ... The existence of a dominant and servient tenement is crucial in establishing a servitude of a right way. The plaintiff shall file the action against the owner of the servient tenement. The ri....

Current Civil Cases

The right of easement must be possessed for the beneficial enjoyment of the dominant tenement; The something must be of a certain or well defined character and be capable of forming the subject matter of a grant. (5) The right should entitle the dominant owner to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, the servient tenement; and (6) (4) Dominant and servient owners must he different persons:

2018 0 Supreme(Guj) 924

Dominant and servient owners must be different persons. [D] The right of easement must be possessed for the beneficial requirement of the dominant tenements. [C] That something must be of a certain or well defined character and must be capable of forming the subject matter of a grant. The right should entitle the dominant owner to do and to continue to do something or to prevent and continue to prevent something being done, in or upon or in respect of the servient tenement. [E]

2012 0 Supreme(Raj) 1328

Owners of property servient or dominant to the property transferred. The word 'Transfer" is defined in section 2 (viii) of the Act, as under :

2011 0 Supreme(Ker) 303

(5) The right should entitle the dominant owner to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of the servient tenement; (4) Dominant and servient owners must be different persons. The right of easement must be possessed for the beneficial enjoyment of the dominant tenement. (6) That something must be of a certain or well defined character and must be capable of forming the subject matter of a grant.

2009 0 Supreme(Mad) 4777

Right of easement is for the beneficial enjoyment of the dominant tenement (iii) Dominant and servient owners are different persons .(v) Right should entitle the dominant owner to do and continue to do something or to prevent and continue to prevent something being done in or upon or in respect of servient tenement