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 Montana, 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, and this right is inherently connected to the holder's own property. The 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. Under Montana law, easements appurtenant are considered to 'run with the land,' meaning they are permanent and transfer automatically with the property upon sale or inheritance, unless explicitly stated otherwise in the transfer documents. This ensures that the easement continues to benefit the dominant estate regardless of changes in ownership. The creation, modification, and termination of easements appurtenant in Montana are typically governed by written agreements and can be subject to local regulations and case law. It is advisable for property owners dealing with easements appurtenant to consult with an attorney to understand the specific rights and obligations associated with the easement.