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.
An appurtenant easement is a legal right that allows a person or entity to use or access someone else's property for a specific purpose. It is typically attached to and benefits a specific property, rather than an individual. Appurtenant easements can be created by an express grant, implied grant, necessity, or prescription. One example of an appurtenant easement is a driveway easement. Let's say there are two adjacent properties, A and B, and Property B is landlocked, meaning it has no direct access to a public road. In this case, Property A may grant an appurtenant easement to Property B, allowing the owner of Property B to use a portion of Property A's land as a driveway to reach the public road. This easement would be attached to the specific properties and would transfer with the ownership of the properties. It would benefit Property B, as it provides access, and burden Property A, as it restricts the use of a portion of their land. Another example is a utility easement. Utility companies often require the right to access a property in order to install, maintain, and repair utility lines. In such cases, an appurtenant easement may be created to grant the utility company the necessary rights. This easement benefits the utility company by allowing them to access and maintain their infrastructure, such as power lines or water pipes, which in turn benefits the property owners by providing necessary utilities. Other types of appurtenant easements include right-of-way easements, which allow passage through a property, and drainage easements, which permit the flow of water across a property. These easements are commonly found in residential subdivisions or rural areas, where shared passages or water management are necessary. In summary, appurtenant easements are legal rights that provide a property with specific use or access privileges over an adjoining property. They can be created for various purposes, such as driveways, utility access, right-of-way, or drainage. These easements are attached to specific properties and transfer with the ownership of those properties, benefitting one property while burdening another.
