An easement appurtenant—also known as an appurtenant easement, an appendant easement, or a pure easement—is an easement created to benefit another tract of land, with the use of the easement being incident to the ownership of that other tract of land.
An easement appurtenant benefits one tract of land (the dominant estate or tenement) to the detriment or burden of the other tract of land (the servient estate or tenement).
Easements appurtenant are attached to the land (are said to “run with the land”) and are automatically transferred when either the dominant estate or the servient estate is sold or transferred to a new owner.
In Alaska, an easement appurtenant is recognized as a type of property interest that provides the holder of the dominant estate the right to use a portion of the servient estate for a specific purpose. This right is typically for access to the dominant property, such as a driveway or utility line. The easement appurtenant is considered to 'run with the land,' meaning it is attached to the property rather than to the individual owner, and it will pass automatically to new owners when the property is sold or transferred. The creation of an easement appurtenant must comply with Alaska's property laws, which generally require a written agreement that is recorded with the appropriate local government office to be enforceable. Additionally, the use of the easement must not exceed what is reasonably necessary for the enjoyment of the dominant estate. Disputes over easements may be resolved through negotiation, mediation, or litigation, and an attorney with expertise in real estate law can provide guidance on the establishment, use, and enforcement of easements appurtenant in Alaska.