Legal Definitions - appendant easement

An appendant easement is a legal right that allows one property owner to use a specific portion of a neighboring property for a particular purpose. It is also commonly referred to as an easement appurtenant.

The key characteristic of an appendant easement is that it is tied to, and benefits, a specific piece of land (known as the dominant estate), while simultaneously burdening another specific piece of land (known as the servient estate). This type of easement "runs with the land," meaning it is automatically transferred to new owners when either the dominant or servient property is sold. It cannot be sold or transferred separately from the land it benefits.

Here are some examples to illustrate this concept:

• Shared Driveway Access: Imagine two residential properties, Property A and Property B. Property B's garage is located at the back of its lot, and the only practical way to access it from the public road is by driving across a portion of Property A's front yard. A legal agreement is established, granting Property B an appendant easement to use a specific strip of Property A's land as a driveway.

  How it illustrates the term: In this scenario, Property B is the dominant estate because it benefits from the right to use the driveway. Property A is the servient estate because its land is burdened by this use. If Property B is sold, the new owner automatically inherits the right to use the driveway across Property A. Similarly, if Property A is sold, the new owner must continue to allow Property B's access.

• Beach Access for a Landlocked Property: A vacation home (Property C) is situated inland, but its owners desire direct access to a nearby public beach. The only way to reach the beach without a significant detour is by crossing a narrow path on a beachfront property (Property D). An appendant easement is created, allowing the owners of Property C to walk across Property D's designated path to reach the beach.

  How it illustrates the term: Property C is the dominant estate, gaining the valuable benefit of beach access. Property D is the servient estate, as it must permit passage across its land. This right is permanently attached to Property C; if the vacation home is sold, the new owners will also have the right to use the path across Property D to access the beach.

• Utility Line Access: A new housing development (Property E) needs to connect to the municipal sewer system, but the main sewer line runs beneath an adjacent undeveloped parcel of land (Property F). An appendant easement is granted to Property E, allowing it to install and maintain sewer pipes underneath a specific portion of Property F.

  How it illustrates the term: Property E is the dominant estate, benefiting from the essential utility connection. Property F is the servient estate, as its land is used for the sewer lines. This easement ensures that Property E, and any future owners of the development, will always have the legal right to have their sewer lines run through Property F and to access them for maintenance, even if Property F is later developed or sold.