Written by attorneys · grounded in primary & secondary sources — see below
A servitude right or burden that is tied to ownership or occupancy of a particular parcel of land. The benefit of an easement or profit runs with the dominant estate when created to enhance use of that land. The burden of an easement or profit always attaches to the servient estate.
Amber Alonzo owns a ranch and grants Alice Atkins an express right to cross a strip of Amber's land to reach Alice's adjacent pasture. The deed states the right is for Alice's ranching operations. When Alice later subdivides her pasture and leases parcels to two new operators, each operator may use the crossing because the easement was created to benefit use of the dominant land.
Atlas Ventures owns a hillside lot subject to a recorded right allowing neighboring owners to drain stormwater across it. Atlas sells the lot to Aurora Biotech. The drainage obligation continues against Aurora because the burden of an easement always attaches to the servient parcel regardless of who holds title.
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Alfred Ashford leases the first floor of his building to Anika Anand for office use while retaining control of the lobby and elevator. Anika's clients are injured when the elevator malfunctions. Alfred remains liable because the lobby and elevator are parts the tenant is entitled to use as appurtenant to the leased space.
Adam Anderson buys a lot that includes an express right to use a shared driveway on the neighboring parcel. The deed describes the right as appurtenant to Adam's lot. When Adam sells his lot to Alliance Holdings, the buyer receives the driveway right because it is attached to the dominant tenement.
Ashford Manufacturing records a covenant requiring each unit owner in an industrial park to contribute to road maintenance. Aurora Biotech buys one unit and refuses to pay. The obligation binds Aurora because the burden is tied to ownership of the particular parcel rather than to any individual owner.
Alan Ackerman and his mortgage lender acquire rights in a farm after years of adverse use of a path across adjacent land. When the path ripens into an easement by prescription, both Alan and the lender receive the benefit because a prescriptive easement appurtenant accrues to every interest in the dominant land.
An easement is appurtenant when created to benefit and does benefit the possessor of particular land in the use of that land. The classification turns on whether the right enhances a specific parcel rather than serving a personal or commercial interest detached from land ownership.
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Yes. An appurtenant benefit transfers with the benefited estate by operation of law unless the creating instrument clearly provides otherwise. No separate assignment is required.
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The easement is apportioned among the resulting parcels so long as the total use remains within the scope of the original grant. Each successor to a subdivided portion may use the servient land in a manner consistent with the grant.
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Yes. The burden of an easement or profit is always appurtenant to the servient land. The benefit may be created either appurtenant to a dominant parcel or in gross to a person or entity without regard to land ownership.
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It benefits all interests in the dominant land. Once the prescriptive period is satisfied, the easement accrues to every person holding an interest in the benefited parcel, including mortgagees and other lienholders.
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…cable and its 4- to 6-foot "crossover" extension in June 1970. For two years after taking possession of the building and the appurtenant equipment, appellant did not object to the cable's presence. Indeed, despite numerous inspections, appellant had never even noticed the equipment until Teleprompter first began to provide…