Also known as: easements appurtenant · appurtenant easement · appurtenant easements
Written by attorneys · grounded in primary & secondary sources — see below
A nonpossessory interest in land that benefits the possessor of a dominant tenement in the use or enjoyment of that land. The benefit passes automatically with transfers of possession of the dominant tenement and burdens the servient tenement.
Edward Everett acquired title to the dominant parcel by inheritance while his sister held a life estate in the same land. For the prescriptive period the prior possessor had used a path across Ella Emerson's servient parcel to reach the dominant land. The path easement now benefits both the life estate and the remainder interest held by Edward Everett.
Erika Echevarria owns the dominant parcel served by an access easement across Ezra Eastman's servient land. When Erika subdivides and sells one lot to a third party whose parcel was never part of the original dominant estate, the buyer may not use the easement to reach the new lot.
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Emma Erickson purchased the dominant parcel that had been used for a single-family home when the easement across Eileen Epstein's servient land was granted by deed. After Emma converts the parcel into a small apartment building with increased but foreseeable traffic, the easement still permits the additional residential use.
Equinox Energy owns the dominant parcel benefited by an express access easement across Elemental Pharmaceuticals' servient land. When Equinox acquires an adjacent parcel and attempts to route construction traffic over the easement to reach the new land, the servient owner may enjoin the expanded use.
Yes. The benefit of an easement appurtenant is incident to possession of the dominant tenement and passes to every succeeding possessor, whether the transfer occurs by conveyance or by operation of law.
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No. Unless the creating instrument provides otherwise, an appurtenant easement may be used only for the benefit of the dominant estate and may not serve additional parcels.
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Yes. When an easement appurtenant is created by deed, it attaches to every part of the dominant estate and each subdivided parcel may continue to use the easement unless the instrument states otherwise.
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The parties to a conveyance creating an easement appurtenant are presumed to have contemplated normal development of the dominant tenement, so reasonable increases in use that accompany such development are permitted.
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…Jean Brown, plaintiffs, owners of the dominant estate. Defendants requested the injunction to prevent plaintiffs from using an easement appurtenant to gain access to a nondominant estate adjacent to the dominant estate. We reverse and remand for entry of an injunction. On April 1, 1977, plaintiffs purchased land (parcel B) from the…