Can a Ptn. of a Legal Parcel be the Dominant Tenement of an Easement?

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Scott
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Location: Modesto, CA

Can a Ptn. of a Legal Parcel be the Dominant Tenement of an Easement?

Postby Scott » Wed Jan 23, 2019 11:58 am

Can a portion of a Legal Parcel be the Dominant Tenement of an Easement?

Can a portion of a Legal Parcel be the Servient Tenement of an Easement?
Scott DeLaMare
LS 8078

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Warren Smith
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Location: Sonora

Re: Can a Ptn. of a Legal Parcel be the Dominant Tenement of an Easement?

Postby Warren Smith » Wed Jan 23, 2019 12:51 pm

I suspect not, due to the provisions of Civil Code section 805:

A servitude thereon cannot be held by the owner of the servient tenement.
Warren D. Smith, LS 4842
County Surveyor
Tuolumne County

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Scott
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Location: Modesto, CA

Re: Can a Ptn. of a Legal Parcel be the Dominant Tenement of an Easement?

Postby Scott » Wed Jan 23, 2019 1:45 pm

Thanks, Warren for your input.

Dominant and Servient Tenements are under different separate ownership.

Just wondering if they have to be fully complete legal parcels?
Scott DeLaMare
LS 8078

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Warren Smith
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Location: Sonora

Re: Can a Ptn. of a Legal Parcel be the Dominant Tenement of an Easement?

Postby Warren Smith » Wed Jan 23, 2019 2:03 pm

Ah, not sure it would be enforceable against an illegal parcel [tongue firmly in cheek].

As part of a reservation of an appurtenant easement, it boils down to the compliance of the granting of the dominant tenement estate with provisions of the Subdivision Map Act. That is, the underlying creation of the senior parcel in question needs to be legitimate.

Are you speaking of a lesser interest than fee title for these two parcels - as in a lease arrangement? There may be situations where it is applicable, but that delves into property law.
Warren D. Smith, LS 4842
County Surveyor
Tuolumne County

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Scott
Posts: 135
Joined: Mon Oct 11, 2004 11:52 am
Location: Modesto, CA

Re: Can a Ptn. of a Legal Parcel be the Dominant Tenement of an Easement?

Postby Scott » Wed Jan 23, 2019 2:25 pm

Nevermind,

The Servient Tenement owner agreed to grant to the whole legal parcel.

The issue was (or might have been) that the Dominant Tenement Parcel is comprised of more than one APN (because of different Tax Rate Areas) and extends quite a bit away from where the easement will touch the Dominant Tenement Parcel.
Scott DeLaMare
LS 8078


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