📄 What Is an Easement Appurtenant in Real Estate?

An Easement Appurtenant is a type of easement that benefits one property (the dominant estate) and burdens another (the servient estate). It “runs with the land,” meaning the easement stays in place even when ownership changes.

How an Easement Appurtenant Works

An Easement Appurtenant permanently attaches to the land, not the property owner. It gives one parcel the legal right to use a portion of another parcel, usually for access.

Every Easement Appurtenant involves two properties:

  • Dominant Estate: The property that benefits from the easement
  • Servient Estate: The property that provides or allows the use

Because it is tied to the land, the easement continues automatically when either property is sold.

Key Features of an Easement Appurtenant

  • Involves two parcels of land — dominant and servient
  • Transfers automatically with property ownership
  • Commonly used for access, shared driveways, or utilities
  • Can be created by deed, agreement, necessity, or long-term use
  • Typically recorded in property records or shown on a survey

Example of an Easement Appurtenant

A back-lot property has no road access. The owner is granted a recorded easement across the neighbor’s driveway to reach the public street. The back-lot becomes the dominant estate, and the neighbor’s property becomes the servient estate.

When either home is sold, the easement remains in effect because it is appurtenant — attached to the land itself.

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