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 Louisiana, an easement appurtenant is recognized as a type of servitude under state law. According to Louisiana Civil Code, a servitude is a charge on a servient estate for the benefit of a dominant estate, and the two estates must belong to different owners. An easement appurtenant, therefore, is a right that allows the owner of the dominant estate to use the servient estate in a certain way. This right is inherently connected to the land and is typically transferred with the property when it is sold or otherwise conveyed. The creation of an easement appurtenant in Louisiana can be established by title, by prescription (akin to adverse possession), or by destination of the owner (when the same person owns both the dominant and servient estates and establishes the servitude). It's important for property owners to understand that such easements are legally binding and affect property rights and usage.