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 Delaware, an easement appurtenant is recognized as a non-possessory right to use another person's land for a specific benefit to the holder's adjacent land. This type of easement is tied to the land itself (dominant estate) rather than an individual, meaning it 'runs with the land' and is automatically transferred to new owners when the property is sold. The creation of an easement appurtenant typically requires a written agreement that must be recorded to provide notice of the easement's existence. Delaware law requires that the easement be clear in its scope and duration, and it must not be overly burdensome on the servient estate. The maintenance responsibilities and rights associated with the easement are often outlined in the original agreement or determined by state law if the agreement is silent on these issues. Disputes over easements may be resolved through negotiation, mediation, or litigation, and an attorney can provide guidance on the specific legal requirements and remedies available under Delaware law.