Legal Definitions - flowage easement

Definition: A flowage easement is a type of easement that allows the owner of a dominant estate to flood a servient estate. This is commonly seen in situations where land near a dam is flooded to maintain the dam or control the water level in a reservoir. An easement is a legal right to use or control someone else's land for a specific purpose.

Example: A hydroelectric company owns a dam and the land surrounding it. The company has a flowage easement that allows them to flood the land of neighboring property owners to maintain the water level in the reservoir. This means that the neighboring property owners cannot build any structures or plant any crops that would be damaged by the flooding.

Explanation: In this example, the hydroelectric company has a flowage easement that gives them the right to flood the neighboring properties. The neighboring property owners are the servient estate, and the land owned by the hydroelectric company is the dominant estate. The flowage easement allows the hydroelectric company to control the water level in the reservoir, which is necessary for the operation of the dam.