Also known as: appurtenant · in gross · easement appurtenant · easement in gross
Written by attorneys · grounded in primary & secondary sources — see below
A servitude benefit is appurtenant when it is created to benefit and does benefit the possessor of land in the use of that land. A servitude benefit is in gross when it is not created to benefit or does not benefit the possessor of any tract of land in the use of it as such possessor. The burden of an easement or profit is always appurtenant.
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Highland Hospital contracted with Republic Clinical for reserved parking and shuttle service available to occupants of its medical office building. Fair Clinical later leased two floors in the same building and sought access under the agreement. The benefit attached to the leased space because it served the use of the building by its occupants.
Gold Travel covenanted with the City of F to maintain a public beachfront walkway beside its resort. After leasing the entire property to Sun Hospitality, the lessee assumed daily sweeping and repairs as part of its groundskeeping operations. The burden followed the leasehold because it remained tied to possession of the resort property.
Larkin leased a warehouse bay to Prairie Seeds while retaining control of the gravel access road serving all tenants. After hiring an independent contractor to grade the road, a tenant's driver was injured by unfilled ruts. The landlord remained responsible for the common area appurtenant to the leased premises.
Metro Media received a recorded vehicular right of way across a private alley owned by Daily Press Publishing for satellite truck access. After Daily Press conveyed the property to Cityview Condo Association, the association installed obstructions blocking the trucks. The easement remained tied to Metro Media's use rather than to any dominant parcel it owned.
Field School granted Pioneer School shared use of an adjacent playground in exchange for mutual maintenance before leasing its building to Alpha Teach. Alpha Teach sought daily access for its students under the preexisting agreement. The benefit attached to the leased building because it served the educational use of the premises by the current occupant.
Metro Media's deed granted a recorded vehicular right of way across a neighboring alley for satellite truck access to its studio. When Cityview Condo Association later acquired the servient parcel and obstructed the alley, the right of way remained appurtenant to Metro Media's studio property.
A court examines whether the easement was created to benefit and does benefit the possessor of a particular tract of land in the use of that land. If the benefit serves a purpose more useful to a successor in the property interest than to the original beneficiary after transfer, it is appurtenant. If created in a person holding no benefited property or more useful to the original beneficiary personally, it is in gross.
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…cable and its 4- to 6-foot "crossover" extension in June 1970. For two years after taking possession of the building and the appurtenant equipment, appellant did not object to the cable's presence. Indeed, despite numerous inspections, appellant had never even noticed the equipment until Teleprompter first began to provide…
…this lease, or any interest therein, and shall not sublet the said premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other person (the agents and servants of Lessee excepted) to occupy or use said premises, or any portion thereof, without written consent of Lessor first had and…
…that uniformly exempted church property. In 1870 the Congress specifically exempted all churches in the District of Columbia and appurtenant
…which contained copyrighted elements. In 1996, Wal-Mart briskly sold the so-called knockoffs, generating more than $1.15 million in gross
…as an adjustment of property rights based upon the wife’s financial contribution to the marriage, or as an award of alimony in gross
Yes. The burden of an easement or profit is always appurtenant to the servient land and therefore binds successors who take the burdened property.
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The benefit runs to the lessee when the covenant requires repair, maintenance, or services to the property or when the lessee can enjoy the benefit without diminishing its value to the lessor and without materially increasing the burden on the obligated party.
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The burden runs to the lessee if the covenant can more reasonably be performed by the party in possession than by the holder of the reversionary interest.
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No. When a landlord retains control over an area appurtenant to leased premises and necessary for the tenant's use, the landlord remains liable for harm caused by dangerous conditions even if maintenance is delegated to a contractor.
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