- An easement appurtenant or incident to the principal or primary one. Every easement includes secondary easements; that is, the right to do such things as are necessary for the full enjoyment of the easement itself. But this right is limited and must be exercised in such a reasonable manner as not injuriously to increase the burden upon the servient tenement. The burden of the dominant estate cannot be enlarged to the manifest injury of the servient estate by any alteration in the mode of enjoying the former. The owner must not trespass upon the servient tenement beyond the limits fixed by the grant or use. North Fork Water Co. v Edwards, 121 Cal 662, 54 P 69.
Ballentine's law dictionary. Anderson, W.S.. 1998.
Look at other dictionaries:
easement — ease·ment / ēz mənt/ n [Anglo French esement, literally, benefit, convenience, from Old French aisement, from aisier to ease, assist]: an interest in land owned by another that entitles its holder to a specific limited use or enjoyment (as the… … Law dictionary
secondary — In English practice, an officer of the courts of king s bench and common pleas; so called because he was second or next to the chief officer. In the king s bench he was called Master of the King s Bench Office, and was a deputy of the… … Black's law dictionary
easement appendant — Same as easement appurtenant. See affirmative easement; apparent easement; continuous easement; discontinuous easement; dominant tenement; license; lost grant; necessary easement; negative easement; praedial servitude; … Ballentine's law dictionary
primary easement — An easement to which a secondary easement is appendant, as an easement in a ditch attached to which there is a secondary easement of access over the servient premises for the purpose of cleaning out and repairing the ditch. Carson v Gentner, 33… … Ballentine's law dictionary
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