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 Hawaii, 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 to the individual owner, meaning it 'runs with the land' and is automatically transferred to new owners when the property is sold or otherwise conveyed. The creation of an easement appurtenant typically requires a written agreement that is recorded with the county recorder's office to provide notice of the easement's existence to future owners. The specific rights and obligations of the dominant and servient estates are governed by the terms of the easement agreement and by Hawaii state law. It's important for property owners to understand that easements appurtenant are legally binding and can significantly affect property rights and usage.