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 California, an easement appurtenant is a type of property interest that allows the holder of the easement the right to use a portion of another's property for a specific, beneficial purpose related to the holder's adjacent land. This type of easement is tied to the land itself (dominant estate) and not to the individual who holds the easement. Therefore, it 'runs with the land,' meaning it automatically passes along to new owners when the property is sold or transferred. The property that is subject to the use is known as the servient estate. California law recognizes the creation of easements appurtenant through express conveyance, implication, necessity, or prescription. The rights and obligations of the parties involved with an easement appurtenant are typically outlined in the deed or the legal document creating the easement. It's important for property owners to understand that easements appurtenant are legally binding and can significantly affect property rights and values.