Easement Appurtenant Agreement

Easement Appurtenant Agreement

An Easement Appurtenant is a legal right that allows the owner of one property (the dominant estate) to use a portion of another property (the servient estate) for a specific purpose. This type of easement is tied to the land and transfers automatically with the ownership of the dominant estate, enhancing its value and usability.

In an Easement Appurtenant Agreement, the terms and conditions governing this easement are formally outlined. This agreement specifies the nature of the easement, the rights granted to the dominant estate, and any restrictions or obligations placed on the servient estate.

For example, if Property A has an Easement Appurtenant over Property B to allow the owner of Property A to access a road, the agreement would detail how Property A can cross Property B, any limitations on that access (such as time of day), and the responsibilities of both parties (like maintenance of the path).

This type of easement is beneficial as it provides a legal framework that protects the interests of both property owners, ensuring clarity in the use and limitations of the easement. It generally remains in effect even if the properties change ownership, continuing to benefit the dominant estate without the need for further agreements.