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what is easement appurtenant?

what is easement appurtenant?

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 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.

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colin's picture
colin | Joined: June 30, 2006 02:50 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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blue's picture
blue | Joined: October 21, 2005 09:17 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i have lived here 6 years...jus ownd for 1 year...am i dominant owner?

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

oops...i mean "purpose."

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

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Is an easement appurtenant to a lot of land useable with later acquired lot/lots of abutting land?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have the easement can I level the land as long as I can get the permits
do I need the owners pemission it doesn't affect her land a small streams seperates us

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi patd,

You will require the owner's permission in order to level the land. You should contact the owner regarding the same. If the owner does not have any objections, you can go ahead with it.

Thanks

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