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.
Appurtenant easements are rights of use or enjoyment that are attached to a specific piece of property, known as the dominant estate, and benefit another adjoining property, known as the serving estate. These easements allow the owner of the dominant estate to benefit from specific uses or access across the serving estate. One example of an appurtenant easement with property is a driveway easement. Let's say there are two neighboring properties, Property A and Property B. Property A has direct access to a public road, while Property B is located behind Property A. In order for the owner of Property B to access their land, they must pass through Property A. To ensure this access, an appurtenant easement can be established, granting the owner of Property B the right to use a designated portion of Property A's driveway as a means of entry and exit. This easement is attached to the land and will typically transfer with the property if it is sold. Another type of appurtenant easement example with property is a right-of-way easement. This type of easement allows the owner of the dominant estate to travel across the serving estate for a specific purpose, such as accessing a beach, a hiking trail, or a neighboring property. For instance, if a landlocked property owner wants to reach a nearby river, they may establish a right-of-way easement over their neighbor's land to create a pathway leading directly to the river. This appurtenant easement ensures the property owner's right to access the river without having to trespass on neighboring properties. It's important to note that appurtenant easements are created through legal agreements, often documented in a property deed, which define the rights and obligations of the parties involved. The dominant estate owner is responsible for maintaining the easement unless stated otherwise. Appurtenant easements typically run with the land, meaning they pass from one property owner to the next, providing ongoing benefits to the dominant estate. In summary, appurtenant easements are attached to specific properties, allowing the owner of the dominant estate certain rights or access across the serving estate. Examples include driveway easements and right-of-way easements, which ensure essential access and use for the owner of the dominant estate. These easements are legally recognized and transferable with the property, providing long-term benefits to landowners.
