Also known as: easement appurtenant · appurtenant easement · appurtenant easements
Written by attorneys · grounded in primary & secondary sources — see below
An easement whose benefits attach to and run automatically with a particular parcel of land known as the dominant estate. The easement cannot be separated from ownership of that land and passes to each successive possessor of the dominant estate regardless of the manner of succession.
Emanuel Escobar adversely used a path across Evelyn Ellison's land for the full prescriptive period to reach his own parcel. When Emanuel later conveyed his parcel to Edith Eberhardt, Edith continued the same use. The easement created by prescription benefits Edith as the new possessor of the dominant estate.
Ezra Eastman held an appurtenant easement across Elijah Edwards's land to reach his own forty-acre farm. Ezra later purchased an adjacent lot and attempted to route traffic from the new lot over the easement. The easement may not be used to benefit the additional parcel.
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Edward Everett received an express easement across Edgewater Capital's property for access to a rural farm. After the farm was subdivided into residential lots under a recorded plat, residents used the easement for daily commuting. The change constitutes normal development of the dominant estate contemplated at creation.
Eclipse Manufacturing owned a dominant parcel served by an appurtenant driveway easement across Echelon Security's land. Eclipse later acquired an adjoining lot and began using the driveway to reach the new lot as well. The servient owner may enjoin the expanded use that benefits property outside the dominant estate.
Yes. Every succeeding possessor of the dominant tenement is entitled to the benefit of the easement while it continues to exist, whether the succession occurs by conveyance or by operation of law.
Yes. An easement appurtenant created by prescription accrues for the period of its duration to the benefit of all those having interests in the land to which it is appurtenant.
No. Unless the creating instrument provides otherwise, an appurtenant easement may not be used for the benefit of property other than the dominant estate.
The interpreter assumes the parties contemplated a normal development of the use of the dominant tenement, so additional or different uses required by that development are permitted.
A grantor may provide that the benefit shall not pass, but the provision is effective only if the manner or terms of creation permit the easement to be changed into an easement in gross or extinguished.
…Jean Brown, plaintiffs, owners of the dominant estate. Defendants requested the injunction to prevent plaintiffs from using an easement appurtenant to gain access to a nondominant estate adjacent to the dominant estate. We reverse and remand for entry of an injunction. On April 1, 1977, plaintiffs purchased land (parcel B) from the…