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 Indiana, an easement appurtenant is recognized as a right that benefits a particular piece of land (dominant estate) and burdens another (servient estate). This type of easement is tied to the land itself rather than to the individual owner, meaning it 'runs with the land.' Therefore, when either the dominant or servient property is sold or transferred, the easement appurtenant automatically passes to the new owner. Indiana law requires that easements be created with clear intent and be recorded to provide notice of their existence. The creation of an easement appurtenant typically involves a written agreement or can be established by a court if certain conditions are met, such as a history of continuous and apparent use. An attorney can provide specific guidance on creating, transferring, or terminating an easement appurtenant in Indiana, as well as assist in resolving any disputes that may arise between the owners of the dominant and servient estates.