Grant Of Easement Form Without Transfer
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FAQ
Appurtenant refers to rights or restrictions that run with the land. The term is generally used in the context of easements or covenants, and is distinguished from rights or restrictions in gross, which only benefit or burden a particular person.
The servient estate is the estate that allows the easement, while the dominant estate is the one that benefits from the easement. An easement in appurtenant could be something like a shortcut to a public park, access to a utility or a right of way to the street.
Appurtenant commonly refers to easements or covenants, and also refers to permanent additions or improvements to the land. Appurtenant rights and restrictions pass to new owners as the land is sold or transferred. Most frequently, a house, garage, or swimming pool would be considered appurtenant property examples.
An appurtenance (something that is transferred with or "runs with" the land) is a right or privilege associated with the property, although not necessarily a physical part of it. Typical appurtenances include parking spaces in multiunit buildings, easements, water rights, and other improvements.
Examples of appurtenances include in-ground swimming pools, a fence, or shed that are all fixed to the land. Appurtenances include rights to natural resources found in the land, such as minerals or oil, as well as improvements to the property and easements.