An easement appurtenant is a type of easement that gives the dominant tenement the right to use a portion of the servient tenement’s land. It is to the exclusive benefit of one party over the other, which would be to the benefit of the dominant tenement.
An easement appurtenant is defined as an easement that “runs with the land” meaning it is permanent and remains an easement indefinitely. Furthermore, the easement is not owned by the landowner, rather it is owned by the land which is why it “runs with the land.” The land on which the easement lies is called the servient tenement, while the land that is benefited by the easements is called the dominant tenement.
The only way this kind of property can belong exclusively to one person is if, in the deed, it specifies an easement appurtenant. This type of easement benefits only one property owner, much to the detriment of the other. Like other types of easements, an easement appurtenant transfers with the sale of land.
Example
Assume property owner X gives their neighbor, property owner Y, the right to use a road on property owner X’s property to save time traveling to a major boulevard. Property owner X whom is the one permitting property owner Y to use their property is servient tenement and property owner Y, whom is the party using property owner X’s property is the dominant tenement. Assume property owner X sells their property, property owner Y maintains the right to use the easement appurtenant to access the major boulevard. Conversely, if property owner Y sells his property, the new property owner would still have the right to the easement.
