This form is an agreement to convey the use or benefit of a tract of land to another party for a specific limited purpose without giving the party the right to possess, take from, improve or sell the tract of land.
This form is an agreement to convey the use or benefit of a tract of land to another party for a specific limited purpose without giving the party the right to possess, take from, improve or sell the tract of land.
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Let's say you live in a place where your neighbors regularly walk through your yard to get to a park or a lake. If they did that consistently over a period of time, it could allow them to eventually have rights to your property. This situation is one example of an easement appurtenant.
Other common examples of easements are phone, gas, and power lines. In addition, sewage and water pipes are also common types of easements that are installed on private property. There are four types of easements in California: express, implied, easements by necessity, and prescriptive easements.
An easement appurtenant is legally attached to two properties, the dominant tenement and the servient tenement, and is sold with the properties. If a property includes an appurtenant right of way easement, for example, and that property is sold, the easement appurtenant is sold with the property.
An appurtenant easement is a type of easement that still applies to a property even if the owners change. It is sometimes referred to as "running with the land".
An example of an appurtenant easement is the public or private access to a street across a property that is landlocked.