what is easement appurtenant?

Guest 0.10 Dollars($)

Guest 0.10 Dollars($)

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.

colin · Posted: Fri Feb 23, 2007 4:20 pm Post subject:

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

blue · Posted: Fri Feb 23, 2007 4:34 pm Post subject:

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.

All times are GMT - 7 Hours

Page 1 of 1