what is easement appurtenant?

Author Message
Jeffery Zucker 2007

Guest







Post Posted: Sat Feb 17, 2007 12:55 pm    Post subject: what is easement appurtenant?
Like
Dislike

what is easement appurtenant?
_________________
Need help choosing the right loan? Get free consultation from community lenders/consultant
noveck

Guest







Post Posted: Sat Feb 17, 2007 1:18 pm    Post subject:
Like
Dislike

An easement appurtenant is created to benefit the owner of another parcel of land. Let me give you one example; if easement is allowed to a shopping mall to access private road of a neighbor so that customers of the mall can get to the street from the parking lot of the shopping mall. This will be an easement appurtenant to the shopping mall. Another example will be when your neighbor allows you to drive over his property so that you can reach to your property.
Icon Mini Profile colin
colin
Moderator



Joined: 30 Jun 2006

Posts: 582
Location: Waltham, Massachusetts
112.65 Dollars($)
Post Posted: Fri Feb 23, 2007 4:20 pm    Post subject:
Like
Dislike

Hi Jeffery,

Welcome to Mortgagefit forum.

Easements are normally categorized as easement in gross & easement appurtenant.

An easement created for the benefit of owner of another parcel of land which is called the dominant tenement. The other parcel of land over which this easement runs is known as the servient tenement. Thus, for easement appurtenant to exist it is necessary to have both tenements.

One example about which parcel of land is considered as dominant tenement and which servient tenement would make it clear. Suppose house X owns a driveway but house Y owner is allowed to drive over it so that he can reach his house. In this type of situation there is an easement appurtenant. In this example, House Y is the dominant tenement & servient tenement is House X.

Colin
Icon Mini Profile blue
blue




Joined: 21 Oct 2005

Posts: 1130
Location: MARYLAND
137.76 Dollars($)
Post Posted: Fri Feb 23, 2007 4:34 pm    Post subject:
Like
Dislike

Apart from what Colin has said, I would like to add some more points about easement appurtenant.

This type of easement runs with the land. Which means that easement passes onto the grantee if the dominant tenement is sold off even if nothing is specifically mentioned in the conveyance document. Same thing applies if the servient tenement is sold; the land is taken by the grantee which is subject to the easement.
Ogidan Adedotun

Guest







Post Posted: Wed Feb 18, 2009 4:45 pm    Post subject: Appurtenant
Like
Dislike

An easement must accomodate and serve the dominant tenement and the easement must be capable of forming the subject matter of a grant. However an easement appurtenant is created to benefit the dominant owner.
Ogidan Adedotun

Guest







Post Posted: Wed Feb 18, 2009 4:46 pm    Post subject: Appurtenant
Like
Dislike

An easement must accomodate and serve the dominant tenement and the easement must be capable of forming the subject matter of a grant. However an easement appurtenant is created to benefit the dominant owner.
kellyyyyyy

Guest







Post Posted: Thu Dec 17, 2009 5:43 pm    Post subject: easement
Like
Dislike

i jus got my property surveyd and some of my driveway<very little is neighbors...but we use it as common driveway...they put new driveway in on my property...can they block me from going to my house which is bhind theres?
kellyyyyyy

Guest







Post Posted: Thu Dec 17, 2009 5:46 pm    Post subject:
Like
Dislike

i have lived here 6 years...jus ownd for 1 year...am i dominant owner?
Icon Mini Profile gmakerley
gmakerley
Community Mentor
Community Mentor

best lender badge

Joined: 09 Nov 2007

Posts: 12377
Location: bloomfield, ct
58.69 Dollars($)
Post Posted: Thu Dec 17, 2009 10:00 pm    Post subject:
Like
Dislike

is there an easement in place? a right of way or any agreement at all that allows you the use of the driveway for that specific purose; so you can get home?
_________________
George M. Akerley
Mortgage Consultant
Word of Excellence- Writing/Editing/Proofreading
Icon Mini Profile jameshogg
jameshogg




Joined: 20 Dec 2005

Posts: 12160
Location: Nevada
1221.50 Dollars($)
Post Posted: Thu Dec 17, 2009 10:35 pm    Post subject:
Like
Dislike

Hi kellyyyyyy,

As far as I can understand, they will not be able to bloc your way to your house. A dominant owner is the person who owns the land on which there is an easement owned by another. If you satisfy this criteria, you will be considered as a dominant owner. Did you consult an attorney in this regard? It would be a better option to consult an attorney and take his opinion in this regard.

Thanks
Icon Mini Profile gmakerley
gmakerley
Community Mentor
Community Mentor

best lender badge

Joined: 09 Nov 2007

Posts: 12377
Location: bloomfield, ct
58.69 Dollars($)
Post Posted: Fri Dec 18, 2009 10:19 am    Post subject:
Like
Dislike

oops...i mean "purpose."

and i cannot imagine someone wanting to block you from reaching your home.

_________________
George M. Akerley
Mortgage Consultant
Word of Excellence- Writing/Editing/Proofreading
dferris85

Guest







Post Posted: Tue Jan 26, 2010 9:00 pm    Post subject:
Like
Dislike

No- I would research such doctrines as "prescriptive easements," "easements by necessity," and "easement by estoppel"
susanner

Guest







Post Posted: Tue Feb 23, 2010 11:53 am    Post subject: Re: General Maintenance & care of easement
Like
Dislike

I bought home last year. We are the servient tenants of the appurtment easement. Previous owner built in a second driveway up to my home, so now the dominent tenants (3) other homes use the original driveway. Who is responsible for keeping the original driveway clean, plowed, moved and extra gravel brought out, even though we are the servient, but do not use the easement?
Guest









Post Posted: Wed Feb 24, 2010 2:06 am    Post subject:
Like
Dislike

The person to whom the previous owner has transferred the property or given rent will be liable for the general maintenance of the easement.
Onawa

Guest







Post Posted: Tue May 11, 2010 5:19 am    Post subject: easement appurtenant
Like
Dislike

Is an easement appurtenant to a lot of land useable with later acquired lot/lots of abutting land?
Ask question
Your Name
Subject
Image Verification


Can't read the image? click here to refresh
Message Body
All times are GMT - 7 Hours
1, 2  Next  
Page 1 of 2

 
Delete this topic Move this topic Lock this topic Split this topic 

Page loaded in 0.296 seconds.