Dominant Owner definition
Examples of Dominant Owner in a sentence
The cost of the reference plan shall be paid by the Dominant Owner.
Where an easement is granted by a servient tenement owner ("Servient Owner") to an adjacent (or nearby) dominant tenement owner ("Dominant Owner"), typically, the Servient Owner undertakes to the Dominant Owner to permit the Dominant Owner to make certain specified usage of the Servient Owner's land.
The Dominant Owner covenants and agrees, at the Dominant Owner's expense, to promptly and diligently repair and restore, to the condition prior to the damage, all damage to the Servient Owner's Property and personal property caused by the Dominant Owner or anyone authorized by the Dominant Owner or this Agreement.
The Dominant Owner shall deliver to the Servient Owner with its request for any such easement a draft reference plan prepared by an Ontario Land Surveyor engaged at the sole cost and expense of the Dominant Owner, depicting thereon those portions of the Sentient Owner’s Lands which are intended to be made subject to the said easement, together with written reasons explaining why such easement is required.
The burden of the easement is primarily placed upon the Servient Owner, and the benefits of the easement primarily accrue to the Dominant Owner.
The parties agree that this Agreement shall be registered on title to the Servient Land by the Servient Owner and Dominant Owner, at the expense of the Dominant Owner.
There shall be no additional consideration payable by the parties with respect to the transfer, grant and conveyance of the said easement, provided that the preparation and registration of all of the aforesaid documentation shall be performed by the Dominant Owner all at its sole cost and expense.
The Dominant Owner shall be responsible for the preparation and deposit of any surveys or reference plans necessary to effect registration of this Agreement on title to the Servient Land.
If consent under the Planning Act is required for any provisions of this Agreement, the parties covenant and agree that the Dominant Owner shall be responsible, at its expense, for promptly applying for and diligently pursuing such consent.
In the event of physical damage being caused to the Servient Tenement by the activities hereby permitted, the Dominant Owner’s liability shall be limited to repair or replacement of the damaged property only and the Servient Owner will protect the Dominant Owner against any claim for any reason whatsover, including a claim of nuisance, in excess of the said repair or replacement.