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 Maryland, 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. This right is beneficial to the dominant estate (the property that benefits from the easement) and burdens the servient estate (the property that the easement is used upon). 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 automatically passes to the new owner. These easements are typically established through a written agreement and recorded in the land records to provide notice of the easement's existence to subsequent owners. Maryland 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 may be resolved through negotiation, mediation, or litigation, and an attorney can provide guidance on the creation, interpretation, and enforcement of easements appurtenant.