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 York, an easement appurtenant is a type of property interest that allows the holder of the dominant estate to use a portion of the servient estate for a specific purpose, such as access to a road or utility lines. This type of easement is created to benefit the dominant estate and is considered to be 'attached' to the land. This means that the easement is transferred automatically with the property when it is sold or otherwise conveyed, without the need for a separate deed for the easement. The creation of an easement appurtenant typically requires a written agreement that meets the requirements of a deed, including a description of the affected properties and the terms of the easement, and must be recorded with the county clerk to provide notice to future purchasers. New York courts will enforce easements appurtenant as long as they are created and recorded properly, and they will resolve disputes based on the interpretation of the easement agreement and the intentions of the parties at the time of its creation.