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 Kansas, 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. The dominant estate benefits from the easement, while the servient estate is the land over which the easement is granted and bears the burden. Kansas law requires that easements appurtenant be created with clear intent and may be established by a written agreement, necessity, implication, or prescription. The specific rights and obligations of the parties involved in an easement appurtenant are often detailed in the deed or the legal document creating the easement. It is important for property owners to understand these rights and obligations, as they can significantly affect property use and value. An attorney can provide guidance on creating, transferring, or terminating an easement appurtenant and can help resolve disputes that may arise between the dominant and servient estate owners.