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 Runs With The Land
State:
Alabama
Control #:
AL-009-04-CP
Format:
Word;
Rich Text
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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.
Running with the land refers to easements and other rights that remain with property even after being transferred. For example, if a property has an easement that runs with land to cross over the neighboring land, a person who buys the property could also cross the neighboring land.
"Running with the land" refers to the rights and covenants in a real estate deed that remain with the land regardless of ownership. When rights and covenants run with the land when the property changes hands.
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.
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.
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The parcel over which the easement runs is called the servient estate. An appurtenant easement attaches to the ownership of the dominant estate.Unless it is explicitly limited to the grantee, an easement appurtenant "runs with the land. An easement appurtenant is said to "run with the land" because it is not personal to the owners of the land. Typically, with proper drafting, an appurtenant easement is said to "run with the land. For an easement appurtenant to exist, two different parties must own two different parcels of land. It does so whenever it was intended to run. Easements classified as "appurtenant" are said to "run with the land," which means they are part of the formal ownership of the land.