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 Mississippi, an easement appurtenant is recognized as a type of property interest that allows the holder of the easement the right to use a portion of another's land for a specific purpose. This type of easement benefits the dominant estate, which is the property that gains the advantage, and encumbers the servient estate, which is the property that grants the easement and is subject to its use. Easements appurtenant are considered to 'run with the land,' meaning they are permanent and transfer automatically with the ownership of the property. They are typically created by a written agreement and recorded in the county where the property is located to provide notice of the easement's existence to subsequent owners. Mississippi law requires that the easement be necessary for the enjoyment of the dominant estate and that it be used in a manner consistent with the original grant or agreement. When property with an easement appurtenant is sold or transferred, the easement continues to exist and is binding on future owners of both the dominant and servient estates.