Define: Appurtenant Easement

An appurtenant easement is a legal right that is attached to a specific piece of land and benefits the landowner in their use or enjoyment of their property. It typically involves the right of one property owner to use a portion of another property owner’s land for a specific purpose, such as accessing a road or driveway, crossing over a neighboring property to reach a water source, or using a pathway to reach a beach. The easement “runs with the land,” meaning that it transfers with the property when it is sold or transferred to a new owner. Appurtenant easements are created through agreement, prescription, or necessity and are subject to specific legal requirements and restrictions. They are a common feature in real estate transactions and can have significant implications for property rights and land use.

The right, belonging to a parcel’s owner, to use a neighbor’s property.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.