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 New Jersey, 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, which benefits the holder's own adjacent land. This type of easement is tied to the land itself (dominant estate) rather than to the individual who owns the land, meaning it is transferred with the property when the property is sold or otherwise conveyed. The property that is subject to the use is known as the servient estate. New Jersey law recognizes easements appurtenant as inheritable and transferable, and they are typically created by a written agreement between the property owners or by a deed. They can also be established through long-term use under the doctrine of prescription or implication. The creation, transfer, and termination of easements appurtenant in New Jersey are governed by state statutes and case law, and they may also be subject to local zoning and land use regulations. An attorney can provide specific guidance on creating, interpreting, or terminating an easement appurtenant in New Jersey.