Legal Definitions - appurtenant easement

An appurtenant easement is a legal right that allows one property owner to use a specific part of a neighboring property for a particular purpose. This type of easement is unique because it is directly tied to the land itself, rather than to a specific person.

It involves two distinct properties:

• The dominant estate: This is the property that benefits from the easement.
• The servient estate: This is the property that is burdened by the easement, meaning its owner must allow the use by the dominant estate.

When either the dominant or servient estate is sold, the appurtenant easement automatically transfers with the land to the new owner. It "runs with the land," meaning it remains in effect regardless of who owns the properties.

Here are some examples to illustrate this concept:

• Example 1: Shared Driveway Access

  Imagine a property (Lot A) that is situated behind another property (Lot B), with the only practical way to access Lot A from the main road being a driveway that crosses a corner of Lot B. The owner of Lot A might have an appurtenant easement over Lot B, granting them the right to use that specific portion of Lot B's land as a driveway. In this scenario, Lot A is the dominant estate because it benefits from the access, and Lot B is the servient estate because it is burdened by allowing the driveway use. If Lot A is sold, the new owner automatically inherits the right to use the driveway. Similarly, if Lot B is sold, the new owner must continue to allow Lot A's owner to use the driveway.

• Example 2: Utility Line Access

  Consider a new housing development where a main sewer line runs through the backyards of the first row of houses (Parcel X, Y, Z) to connect to the houses in the second row (Parcel A, B, C). The developer might establish an appurtenant easement over Parcels X, Y, and Z for the benefit of Parcels A, B, and C. This easement would allow utility workers to access the sewer line for maintenance or repairs, even if it means crossing the backyards of the first row of houses. Parcels A, B, and C are the dominant estates as they rely on the sewer line, and Parcels X, Y, and Z are the servient estates. This right to access for utilities remains with Parcels A, B, and C even if they are sold to new homeowners.

• Example 3: Beach Access Path

  A small community of homes is built near a private beach. One of the homes (The Beach House) is directly on the beach, while the other homes (The Hillside Homes) are set back. To provide all residents with beach access, the developer creates an appurtenant easement over a specific path on The Beach House property, allowing owners of The Hillside Homes to walk directly to the beach. The Hillside Homes are the dominant estates, benefiting from the convenient beach access. The Beach House is the servient estate, as its owner must permit others to use the path. This right of way is permanently attached to The Hillside Homes, meaning any future owner of a Hillside Home will also have the right to use the beach path across The Beach House property.