Definition
An easement appurtenant benefits a neighboring property (the dominant property) and is tied to that property's ownership. Easement appurtenant rights transfer automatically with the dominant property's sale.
Where you’ll meet it
What do I need to clean up before it can sell?
See it in Selling land · Step 2About this term
Easement appurtenant exists when the easement benefits a neighboring property, such as an access easement for a landlocked property. The easement runs with the dominant property, transferring automatically when that property is sold. The owner of the dominant property has inherent rights to use the easement regardless of who owns the servient property. Easement appurtenant is permanent and cannot be terminated by the servient owner alone.
Pro Tip
Landlocked properties should have documented easement appurtenant to ensure permanent access rights.
Example
A landlocked property has an easement appurtenant giving owners permanent right of access across neighboring land to reach the road.