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 Illinois, an easement appurtenant is recognized as 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 purpose. This type of easement benefits the dominant estate, which is the property that gains the advantage, and encumbers the servient estate, which is the property that grants the easement and is subject to its use. Easements appurtenant are considered to 'run with the land,' meaning they are tied to the property itself rather than to the individual owner. Therefore, when either the dominant or servient property is sold or transferred, the easement appurtenant typically remains in place and is transferred to the new owner. These easements are often established by a written agreement and recorded in the county where the property is located to provide notice of the easement's existence to subsequent owners and interested parties. Illinois law requires that the terms and conditions of the easement be clearly defined and that the easement be necessary for the enjoyment of the dominant estate. Disputes over easements appurtenant may be resolved through negotiation, mediation, or litigation, and an attorney can provide guidance on establishing, enforcing, or terminating such easements.