DOMINANT ESTATE SERVIENT ESTATE

RIGHTS - exercise the easement & all necessary rights for its - retain ownership and possession of the portion of his land affected by the
use including accessory easement easement EVEN IF there was indemnity UNLESS the contrary has been stipulated
- make on the servient estate all works necessary - make use of the easement, UNLESS deprived by stipulation PROVIDED:
for the use and preservation of the servitude BUT - the exercise of the easement is not adversely affected; and
- at his own expense - he contributes to the expenses in proportion to benefits received UNLESS
- notify the servient owner there is a contrary stipulation
- select convenient time and manner - change the location of a very inconvenient easement PROVIDED that an equally
- not alter the easement nor render it more convenient substitute is made without injury to the dominant estate
burdensome
- ask for a mandatory injunction to prevent
impairment or obstruction in the exercise of the
easement
- renounce totally the easement
OBLIGATIONS - cannot alter the easement - cannot impair the use of the easement
- cannot make it more burdensome - must contribute to the expenses in case he uses the easement, UNLESS there is a
- if there be several dominant estates, each must contribute to necessary repairs and contrary stipulation
expenses in proportion to the benefits received - in case of impairment, to restore conditions to the status quo at his expense PLUS
- in making repairs , he cannot make use of the easement except for the immovable damages
originally contemplated - pay for the expenses incurred for the change of location or form of the easement

Note: Dominant Estate- an estate that benefits from an easement Servient Estate- an estate burdened by an easement

DOMINANT ESTATE SERVIENT ESTATE

RIGHTS - exercise the easement & all necessary rights for its - retain ownership and possession of the portion of his land affected by the
use including accessory easement easement EVEN IF there was indemnity UNLESS the contrary has been stipulated
- make on the servient estate all works necessary - make use of the easement, UNLESS deprived by stipulation PROVIDED:
for the use and preservation of the servitude BUT - the exercise of the easement is not adversely affected; and
- at his own expense - he contributes to the expenses in proportion to benefits received UNLESS
- notify the servient owner there is a contrary stipulation
- select convenient time and manner - change the location of a very inconvenient easement PROVIDED that an equally
- not alter the easement nor render it more convenient substitute is made without injury to the dominant estate
burdensome
- ask for a mandatory injunction to prevent
impairment or obstruction in the exercise of the
easement
- renounce totally the easement
OBLIGATIONS - cannot alter the easement - cannot impair the use of the easement
- cannot make it more burdensome - must contribute to the expenses in case he uses the easement, UNLESS there is a
- if there be several dominant estates, each must contribute to necessary repairs and contrary stipulation
expenses in proportion to the benefits received - in case of impairment, to restore conditions to the status quo at his expense PLUS
- in making repairs , he cannot make use of the easement except for the immovable damages
originally contemplated - pay for the expenses incurred for the change of location or form of the easement

Note: Dominant Estate- an estate that benefits from an easement Servient Estate-an estate burdened by an easement