Appurtenant Easement For

State:
Alabama
Control #:
AL-009-04-CP
Format:
Word; 
Rich Text
Instant download

Description easement in appurtenant

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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FAQ

Easements appurtenant are tied with the land and are recorded as part of the deed. If the servient estate is sold, the new owner must allow the owner of the dominant estate to continue to use the land. Similarly, if the dominant estate is sold, the new owner will have access to the easement.

Common examples of appurtenances are driveways, drainage ditches, fences, and rights of way. For more information on appurtenances, see Practice Note, Easement Fundamentals and Standard Document, Easement Agreement (Short Form).

What is an example of appurtenances? Some examples are light fixtures, built-in appliances, unattached garages, built-in swimming pools, and fences because they appertain to the house or the land.

An example of an appurtenant easement would be an easement across your neighbor's land (the burdened parcel) for driveway purposes so that the owner of your property (the benefited parcel) can drive across your neighbor's land to access a public road.

Easement Appurtenant. An easement appurtenant is an easement that benefits one parcel of land, known as the dominant tenement, to the detriment of another parcel of land, known as the servient tenement.

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More info

When the title is transferred, the easement typically remains with the property. This case is known as an easement appurtenant.Appurtenant easements occur in real estate when one party allows another to use their property for a limited purpose. The two properties involved are called dominant and servient. The instrument to be insured must be an appurtenant easement. Another important distinction is made between easements appurtenant and easements in gross.

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Easement Appurtenant