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What is an Easement Appurtenant?

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  • Written By: U. Ahern
  • Edited By: J.T. Gale
  • Last Modified Date: 04 May 2019
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    Conjecture Corporation
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An easement allows the use of a piece of property without transferring the ownership of the property. Generally, it is a type of easement that is linked to a specific piece of property and remains with the property, even if the ownership changes hands. The easement is, in essence, part of the land and is not owned by any individual. An easement appurtenant is sometimes referred to as "running with the land."

The word appurtenant comes from the present participle of the Anglo-French word apurtenir, which means "to belong." An easement appurtenant belongs to the land. In this type of easement, there is a servient tenement and a dominant tenement. Generally, the servient tenement is the property that provides, or is burdened by, the easement. The easement benefits the dominant tenement.

A specific type of easement appurtenant is an easement by necessity. For example, Owner A has property that is landlocked. He does not have access to a public road except over the adjoining property belonging to Owner B. Owner A has an easement over Owner B’s property in order to get to his home. Even if Owner B sells the property, the easement remains active and valid.

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Sometimes an easement appurtenant is instrumental in giving the public access over private land. For example, a private landowner may grant an easement over his property to a shopping mall by allowing access between the mall parking lot and the street. The easement is recorded with the title and deed of the affected properties.

In contrast, an easement in gross is between individuals. The easement does not transfer with the property. For example, Owner A allows Owner B to cross over his property to get to the public beach. When Owner B sells her adjoining property, the new owner does not have an easement to access the beach over Owner A’s property. The beach access easement is not appurtenant.

Since an easement permits the use of a piece of land without giving ownership, it is crucial to clearly define the easement. Any limitations of duration or specific use should be spelled out and documented. When purchasing a property, the title search should reveal an easement appurtenant on a property. Easements in gross would not be affected since they are not linked to the property.

Easements appurtenant are also insurable while easements in gross are not. Title insurance can protect the buyer if an easement is discovered after the purchase. It is also important for a buyer to examine previous land surveys for any mention of easements. Typically, it is vital that all easements appurtenant be discovered when property is bought or sold.

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Discuss this Article

anon1000720
Post 3

1. How do you know what you have is an appurtenant easement? Are those words exactly spelt out or does it say an easement for ingress/egress which is totally different.

2. I have been going through an easement dispute on my property with another property that is land locked, its been over a year.

3. We have had about 15-20 different easement agreements back and forth and they just want more and more. Very greedy. They want so much of our land to do with what they want, we offered them to buy it. Why would they when they could get the milk for free!.

4. egress/ingress - to enter and to leave. Not to park. Otherwise it should state for a parking area.

5. Be very clear on knowing what you are or are not getting. Be nice to your neighbors they are doing you a favor by letting you use their land. Think of it as a gift. Appreciate it.

anon142182
Post 1

I have a property with such appurtenant easement, but the legal description said it is for ingress and egress. I am wondering if this appurtenant easement be used for parking for my property instead of ingress/egress?

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