secondary easement


secondary easement
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. . 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

  • right — As a noun, and taken in an abstract sense, means justice, ethical correctness, or consonance with the rules of law or the principles of morals. In this signification it answers to one meaning of the Latin jus, and serves to indicate law in the… …   Black's law dictionary

  • Land trust — There are two distinct definitions of a land trust: a private, nonprofit organization that, as all or part of its mission, actively works to conserve land by undertaking or assisting in land or conservation easement acquisition, or by its… …   Wikipedia

  • Glossary of rail terminology — Rail transport Operations Track Maintenance High speed Gauge Stations …   Wikipedia

  • interest — The most general term that can be employed to denote a right, claim, title, or legal share in something. In its application to real estate or things real, it is frequently used in connection with the terms estate, right, and title. More… …   Black's law dictionary

  • interest — The most general term that can be employed to denote a right, claim, title, or legal share in something. In its application to real estate or things real, it is frequently used in connection with the terms estate, right, and title. More… …   Black's law dictionary

  • Gawler Chain Trail — NOTOC MelbourneBikePath DESCRIPTION=Near Eastern End of the Trail NAME=Gawler Chain Trail LENGTH=2km DIFFICULTY=Easy HILLS=Some near western end HAZARDS=None WATER=None PATH=Bitumen, compacted gravel and dirt BUS= TRAIN=Surrey Hills station… …   Wikipedia