Easement Appurtenant: Definition And How It’s Created

Embarking on property ownership goes beyond just buying a house; it involves understanding legal details that can impact your finances. Use this article to uncover the financial opportunities and implications of an easement appurtenant, gaining insights to navigate real estate with financial wisdom.

What Is An Easement Appurtenant?

An easement appurtenant links two properties together, giving one owner-specific and limited rights to the other’s property. In an easement appurtenant, one property acts as a servient estate, or servient tenement. The other property acts as a dominant estate or dominant tenement.

In this legal setup, the owner of the dominant property enjoys certain rights over another property without owning it. It's important to note that an easement appurtenant is connected to the land, not the person, so the rights continue even when ownership changes. The property providing the easement, known as the servient estate, keeps ownership but must respect the specific rights granted to the dominant estate. This legal structure balances the interests of both parties, allowing practical use by the dominant owner while protecting the fundamental rights of the servient owner. Local laws govern the enforcement and interpretation of easement appurtenant arrangements, ensuring a clear and fair coexistence between the linked properties.

Servient Vs. Dominant Tenement Estates

In easements, we use terms like "servient tenement" and "dominant tenement" to describe the roles of properties in an easement agreement. The servient tenement is the property that has the easement on it, and it must allow the specified rights to the owner of the dominant tenement. This means the owner of the servient property can't do things that block or stop the rightful use of the easement by the dominant owner.

On the other side, the dominant tenement is the property benefiting from the easement, letting its owner legally use a part of the servient property for a specific purpose. These rights stay with the land, not just the current owner, so if the property changes hands, the new owner gets the same rights.

For example, if someone has an easement for a right of way on a neighbor's land, they can use it for specific reasons. The dominant owner must use these rights fairly and follow the easement agreement's terms. This legal setup makes sure both parties' interests are protected, maintaining a fair balance and proper use of the properties involved.

How An Easement Appurtenant Is Created

Easements are set up using various legal methods in property law. Whether it's through a direct agreement, a reservation, out of necessity, or due to past use, creating easements requires specific legal steps and careful consideration.

Express Easements

This is the most common way to create an easement appurtenant. In this situation, an easement is either sold or given to a nearby property. This involves signing a written easement agreement deed between the two property owners or may happen through a court order.

Implied Easements

When a large piece of land is split into smaller parts, the original rights for each piece of land continue after the division. If getting to the road or utility is only possible through a specific piece of land, an implied easement is formed, suggesting a right to access that property.

Easements Of Necessity

This way of creating an easement appurtenant is used when the ownership of the land is separated. It is like an implied easement but is specifically meant for parcels of land that become landlocked due to the separation.

Prescriptive Easements

In each state, specific laws guide how someone can acquire a prescriptive easement. Generally, for a trespasser to claim this type of easement, they must openly and hostilely trespass over a property for a significant period. For instance, if someone regularly crosses your land to reach a public lake, they might establish a prescriptive easement based on consistent use of that route. It's vital to know that the rules for these claims differ among states, so property owners must be diligent in preventing potential prescriptive easement claims.

Importantly, acquiring a prescriptive easement is different from adverse possession, where ownership of someone else's property is gained through open, continuous and hostile possession. A prescriptive easement only grants specific usage rights over the property without transferring ownership. In the context of a prescriptive easement, the focus is on the continued use of specific rights, like access, rather than claiming ownership of the land itself. Recognizing these differences is crucial for understanding property law and ensuring clarity in legal rights and responsibilities.

FAQs About Easement Appurtenant

When it comes to easements, land use and land rights, various questions may arise. In the upcoming section, we will address some of the most frequently asked questions to provide you with clarity on these matters.

What is an easement appurtenant vs. easement in gross?

An easement appurtenant is a type of easement that benefits a particular piece of land, allowing the owner of that land certain rights over an adjacent property. It is typically linked to the ownership of the land and transfers with the property when sold. On the other hand, an easement in gross is a personal right that belongs to an individual or entity, rather than being tied to a specific property. It doesn't transfer automatically with the sale of the dominant estate, making it distinct from an easement appurtenant.

What is the property over which an easement appurtenant passes?

The property over which an easement appurtenant passes is known as the servient tenement or servient estate. This is the property that bears the burden of the easement, as it grants specific usage rights to the owner of the dominant tenement (or dominant estate). The easement appurtenant ensures that the owner of the dominant estate can exercise certain rights on the servient estate for the benefit of their property.

How many parcels are required for an easement appurtenant to exist?

An easement appurtenant involves two parcels of land: the dominant tenement, which benefits from the easement, and the servient tenement, which grants the easement rights. These two distinct parcels are essential for the existence of an easement appurtenant. The legal relationship ensures that the owner of the dominant tenement can use a specific portion of the servient tenement for a designated purpose, creating a symbiotic connection between the two properties.

The Bottom Line

Grasping the intricacies of easements may present a challenge, especially for property owners. However, this newfound knowledge of what an easement appurtenant is can prove beneficial, whether you're engaged in property transactions, sales, or routine maintenance.

As you navigate these property-related matters, consider taking the next step toward securing your dream home by initiating a mortgage application today. Understanding these details positions you as an informed homeowner, and now is the ideal moment to embark on your home buying journey.