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...easement was created, which imposes an additional burden on the servient estate.
11. In the present case, the 1974 grant did not restrict use of the...may be reasonably devoted. Moreover, the record supports the chancellor's conclusion that the proposed use of the easement would not impose unreasonable burden on the servient ..., on the servient estate. The facts here do not support consideration of a further question whether an increased degree of burden could be so great as to impose an additional ...
...previously owned placed an additional burden on the servient estate that required termination of the easement. See id. at 683. As the court of appeals reasoned through ...the dominant estate now owns other abutting lands" is insufficient to demonstrate an added burden on the servient estate sufficient to result in the termination of the e...was placed on the servient estate such that "continued use of the easement is precluded as a matter of law." Id. at 685, 683.
¶ 24. Milien established that extinguishing an...
...." Riverton Farms, 441 N.W.2d at 407. We concluded the defendants had created an additional burden on the servient estate ...(Iowa 1973). A party's use of an easement must not place a greater burden on the servient estate than was contemplated at the time of the formation of the easement....
Appeal from the Iowa District Court for Delaware County, Lawrence H. Fautsch, Judge.
Plaintiff appeals the district court's ruling on his petition for...
...under the circumstances." Mumrow, supra at 699. The owner of an easement cannot materially increase the burden of the easement or impose a new and additional burden on .... Plaintiffs assert that the new and additional burden on the servient estate would be the doubling of maintenance and repair use of the property. However, this appears ...increase the burden on the servient estate, we affirm.
This matter arises from a dispute over whether defendant acquired the right to enter plaintiffs' land to place a...
...allow the installation of underground pipes for water and gas as the plaintiffs now propose would be to impose an additional burden on the servient estate.
...made of the right of way, different from that established at the time of its creation, which imposes an additional burden upon the servient estate. (Citations omitted...granted "as an inlet and outlet" gives the owner of the dominant estate a right to install underground water and gas lines to serve the dominant estate within the easement over the ...
...additional burden on their servient estate and by failing to declare that the Lone Mountain Road Association had no...when it found that road dust does not create an additional burden on the Fletchers' servient estate.
The Fletchers argue that the district court erred when...from the Road did not burden their servient estate. The district court stated: "While dust does not constitute a damage or interference with the servient estate, the ...
...owner's right and duty to maintain, repair and protect the easement. This duty requires that the easement owner maintain the easement so as to not create an additional burden on the ...of an easement to the owner of the servient estate. The answer requires a review of the Court's earlier decisions in this area.
City of Bellevue v. Daly, 14 Idah...the servient estate, while having the right to use his land for ordinary purposes, must exercise such right in a reasonable manner.
The above cases indicate that it is the eas...
...though there had been a cutting off and replatting of the dominant tenement, an appurtenant easement created on the original plat would not be destroyed.
The result of the trial court'...far as it is applicable to his parcel provided that such division can be accomplished without additional burden on the servient tenant. See Anno: Right of owners of parcels into which dominant...Elk Lake Road the Walkers abandoned any rights to the use of Marshall Drive that they and their grantees may have had and that the additional development is placing an undue burden on Marshall Dri...
...impermissible, additional burden on the servient estate. The court ordered that the bus turnout be removed and the property returned to its former state. The or...the ground and pipelines underneath do not increase the burden on the servient estate and are permissible uses. E.g., Bentel v. County ...case are that the State holds a perpetual easement for a road upon which the bus turnout was built and the Homars own the servient estate.
The rights of the ...
...owners in the subdivision and while using the lots granted to them. The use of the driveway for the purpose of egress and ingress from and to plaintiffs in error's farm was an additional ...burden imposed on the servient estate by the grant of the easement. This rule is applicable whether the way was created by grant, reservation, prescription or as a way of necessi.... Commonwealth Electric Co. 241 Ill. 42.
It is clear that plaintiffs in error cannot increase the burden upon the servient estate by using the driveway ...
...buyer had for parcel A may not be expanded to benefit other properties because that would impose an additional burden on the servient estate which was not intended in the grant.
...burden on the servient estate which was not intended in the grant." Robertson v. Robertson, 214 Va. 76, 81...right in their deed. The trial court held that the buyers were entitled to use the roads described on the subdivision plat which were adjacent to their properties. The servient owners app...
...of the restriction and had the effect of imposing an additional burden on the servient estate. Such conduct has been recognized as involving a taking under the Florida C...burden on the servient estate which was not authorized by the highway easement and constituted a taking requiring compensation.
In the case of Moore v. Choctawhatche...to increase the burden of the servient estate beyond that contemplated at the time of the granting of the easements, Crutchfield v. F.A. Sebring Realty Co., Fla. 1954...
...by the road could not use it to benefit their other property in Tennessee. Such use, the Court concluded, would impose an additional burden on the servient estate which was not i...cited as Minor). Further division of the dominant tract by carving Lots 4 and 5 from Lot 3 does not necessarily impose on the servient tract an additional burden sufficient to constitute a...which evidence an intent to abandon or which evidence adverse use by owner of the servient estate, acquiesced in by owner of dominant estate, constitutes abandonment. Burden rests upon party claiming...
.... In its ruling, the trial court also correctly observed that the Ohio Supreme Court has approved new, nonspecified uses for express easements when those uses impose no additional burden on the ..., because it imposed no additional burden on the servient estate. Subsequently, in Ziegler v. Ohio Water Serv. Co. (1969), 18 Ohio St.2d 101...television lines was similar to the use specified in the easement and that it imposed no additional burden on the servient estate. The Jolliff court also cited ...
...held that "there is no express easement on their property that provides access to the cemetery, and that any such attempt to do so would constitute an impermissible additional burden on the ...), "there is no express easement on their property that provides access to the cemetery, and that any such attempt to do so would constitute an impermissible additional burden on the ...provide a new easement on its land. While the case was pending on the second remand, owners of a particular lot in the subdivision, who had purchased without notice prior to the 1993 decree, learn...
...subdivision and while using the lots granted to them. The use of the driveway for the purpose of egress and ingress from and to plaintiffs in error's farm was an additional burden on ...tract belongs to the owner of the dominant estate to which the easement is appurtenant and although the two tracts or lots join. The owner of the dominant estate can not increase...servient estate by the grant of the easement. This rule is applicable whether the way was created by grant, reservation, prescription or as a way of necessity. 'One having a right of way to his land...
...not, however, allow plaintiffs to construct the bridges which they had proposed, apparently on the ground that such elaborate bridges would place an additional burden on the ...unreasonable burden on the servient estate. We conclude that there is no increase of burden to the servient estate.
[2,3] The replac...easement to construct bridges over a stream but confined construction to types of bridges comparable to that erected by defendant over stream at other points on his property, the court order was consistent...
...within a public right-of-way, without compensation to the abutting landowner, if it does not create an additional burden on the servient estate. Id. at 904. Kershaw contends a pure...required because the use places an additional burden on the servient estate. A use places an additional burden on the servient estate...the lines and poles through the servient estate, and the poles and lines may pose a danger to people on the land of the servient estate (the poles may ...
...an undue burden on the servient estate.
D. Additional Burden of Two Dominant Estates
{29} “The owner of the dominan...additional burden exists lies not in whether the parties intended the division of, or increased burden from, the dominant estate, but whether the division created an ...additional burden to the servient estate is rationally based on the evidence.
{34} The easement in question can be appurtenant to two dominant estates without ...
...); City of Bellevue v. Daly, supra. The owner of the servient estate has no duty to maintain the easement. Suitts v. McMurtrey, supra; Kirk v. Sch...). This general rule fixing the presumption of adverse use and shifting the burden on to the owner of the servient estate is inapplicable where the prescriptive easement..., that any changes in the use of a prescriptive easement cannot result in an unreasonable increased burden on the servient estate and that the increase in use must be reasonably foreseeab...