Laserfiche WebLink
The second source , Neighboring Property Owners provided a more in <br /> depth analysis , and yielded the same conclusions. <br /> S . 7 . 09 TRANSFERS OF EASEMENTS AND SERVIENT ESTATES <br /> The problem of divisibility of an appurtenant easement is <br /> posed by the subdivision of the dominant estate , when, due to <br /> transfers of parts of the property , multiple owners arrive <br /> upon the scene . There is nothing per se invalid about divided <br /> ownership of the dominant estate . The general principle is <br /> that the easement is divisible , subdivision is proper, and all <br /> parts of the dominant estate may continue to enjoy and benefit <br /> from the easement. For many easements , division will have <br /> little or no effect on the servient estate . For example , it <br /> should not matter for an easement for light and air . For such <br /> a negative easement, the burden on the owner of the servient <br /> estate not to obstruct air and light is all the same , no <br /> matter how many people own the dominant estate . <br /> The subdivision of the dominant estate , however , cannot be <br /> allowed materially to increase the burden on the servient <br /> estate . This is really a question concerning the scope of the <br /> easement. In some circumstances , the addition of new owners <br /> of the dominant estate will materially increase the intensity <br /> of use of the easement or substantially alter the character <br /> of its use . For example , consider a right-of-way that was <br /> granted for a rural 10-acre tract of land with one house <br /> situated thereon . If the dominant estate is subdivided into <br /> ten one-acre lots, each having its own house , it is quite <br /> possible that the easement may not properly be used for access <br /> to all ten houses . Actually , the defect is not in the <br /> subdivision itself , but in the substantial increase in <br /> intensity of use occasioned by the subdivision , over and above <br /> that use contemplated by the parties when the easement was <br /> initially created . <br /> The third source , Private Land Use Arrangements provides yet a <br /> closer examination . The general rule remains the same and three <br /> lines of cases which qualify that rule are examined . <br /> S . 5 . 05 SUBDIVISION OF THE DOMINANT ESTATE <br /> The courts universally hold that , as a general matter , the <br /> benefits of an appurtenant easement move to each portion of <br /> the dominant parcel upon its subdivision and transfer of the <br /> various pieces . This rule is expressed in different <br /> -2- <br />