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 Massachusetts, an easement appurtenant is 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 that benefits the holder's own adjacent land, known as the dominant estate. The property that is subject to the use is called the servient estate. These easements are considered to 'run with the land,' meaning they are permanent and transfer automatically with the property when it is sold or otherwise conveyed. This ensures that the benefit of the easement is always tied to the dominant estate and the burden remains with the servient estate, regardless of changes in ownership. The creation, transfer, and termination of easements appurtenant in Massachusetts are governed by state statutes and case law, and they can be established by express grant or reservation, necessity, implication, or prescription. It is important for property owners to be aware of any easements that may affect their property, as these rights can have significant implications for property use and value.