Easement Appurtenant In Real Estate

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

Description

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

Appurtenant refers to rights or restrictions that run with the land. The term is generally used in the context of easements or covenants, and is distinguished from rights or restrictions in gross, which only benefit or burden a particular person.

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.

An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides 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.

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Easement Appurtenant In Real Estate