MBE Rules · Real Property
Easement Scope
Easement scope and surcharge
The rule
An easement's use may evolve with reasonable, foreseeable development of the dominant estate, but use benefiting a non-dominant parcel or unreasonably burdening the servient estate is a surcharge enjoinable by the owner.
In plain English
An easement allows a property owner to use a portion of another person's land for a specific purpose. While the way the easement is used can change as the dominant estate develops, any use that benefits a different property or excessively burdens the servient estate can be challenged and stopped by the servient estate owner.
Worked example
Property A has an easement to cross Property B for access to a road. Over time, Property A is developed into a shopping center, and the owners start using the easement to deliver goods, which significantly increases traffic on Property B. The owner of Property B can successfully enjoin this use because it unreasonably burdens their property.
Memory hook
Easements evolve, but don’t overstep or burden the servient estate!
The trap
Exams may present scenarios where the dominant estate's use seems reasonable but actually benefits another property, leading students to mistakenly think the use is permissible.
How examiners test it
Questions often involve fact patterns where the easement's use has changed, requiring candidates to identify whether the new use is reasonable and whether it burdens the servient estate.
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