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 Oklahoma, an easement appurtenant is recognized as a right that benefits a particular piece of land (dominant estate) and burdens another (servient estate). This type of easement is tied to the land itself rather than to the individual owner, meaning it 'runs with the land.' Therefore, when either the dominant or servient property is sold or transferred, the easement appurtenant automatically passes to the new owner. The creation of such easements typically requires a written agreement that must be recorded to provide notice of the easement's existence. Oklahoma statutes and case law govern the establishment, use, and termination of easements appurtenant. It is important for property owners to understand that these easements can significantly affect property rights and use, and they may want to consult with an attorney to navigate the complexities involved.