Chabot v. Paradise

L. J. IRVINE, Justice *

(dissenting).

I respectfully dissent.

Among the essential elements of an easement are: That it is incorporeal, is imposed on corporeal property, and is imposed for the benefit of corporeal property; that there are two distinct tenements, the dominant to which the right belongs and the servient on which the obligation is imposed; and that the ownership of the easement is separate and distinct from the land to which it is attached. 28 C.J.S. Easements § 1, p. 621; Burnquist v. Cook, 220 Minn. 48, 55, 19 N.W.2d 394, 398 (1945).

The majority opinion makes this statement: “ * *…