An easement appurtenant is a legal right attached to a parcel of real property that allows the owner of one property to use or benefit from a neighboring property for a specific purpose. The property benefiting from the easement is known as the dominant estate, while the property burdened by the easement is called the servient estate. Common examples include rights-of-way for driveways, utility access, or shared pathways. Because an easement appurtenant is tied to the land itself rather than to a particular owner, it generally transfers automatically with the sale or conveyance of the dominant estate, even if the easement is not specifically mentioned in the deed.
Easements appurtenant are significant in real estate law because they facilitate the practical use and enjoyment of land while balancing the rights of neighboring property owners. They may be created through express agreement, implication, necessity, or long-term use under the doctrine of prescription. Courts typically interpret such easements according to the original intent of the parties and the reasonable needs of the dominant estate. Although the servient estate remains under the ownership and control of its holder, that owner may not interfere unreasonably with the easement holder’s lawful use of the property.
