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 North Dakota, an easement appurtenant is recognized as a non-possessory right to use another person's land for a specific, beneficial purpose related to the adjacent tract of 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 upon sale or inheritance, without the need for a separate conveyance. This is codified in North Dakota state statutes, which provide the framework for creating, transferring, and terminating easements. The creation of an easement appurtenant typically requires a written agreement or can be formed by implication or necessity. North Dakota law also addresses the maintenance responsibilities and the rights of parties involved in easements. It is important for property owners to understand that easements appurtenant are binding legal interests that can significantly affect property rights and use.