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.
Easement Appurtenant In
State:
Alabama
Control #:
AL-009-04-CP
Format:
Word;
Rich Text
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An easement appurtenant is a specific type of easement where two properties are linked together as servient tenement and dominant tenement estates. The servient estate is the estate that allows the easement, where the dominant estate is the one that benefits from the easement.
A railroad easement is an easement appurtenant. A railroad easement is an easement appurtenant. the holder of the dominant tenement could use the easement for ingress and egress only, regardless of the type held.
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).
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.
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When the title is transferred, the easement typically remains with the property. This case is known as an easement appurtenant.An appurtenant easement is a type of easement that still applies to a property even if the owners change. There are different kinds of easements. Appurtenant easements occur in real estate when one party allows another to use their property for a limited purpose. The instrument to be insured must be an appurtenant easement. Unless it is explicitly limited to the grantee, an easement appurtenant "runs with the land. The two properties involved are called dominant and servient. Easements Appurtenant. The easements provided in Section 4.