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 Oregon, 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. This type of 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. Easements appurtenant are considered to 'run with the land,' meaning they are tied to the property itself rather than to the individual owner. Therefore, when either the dominant or servient property is sold or transferred, the easement appurtenant typically passes automatically to the new owner. These easements are created through express conveyance, implication, necessity, or prescription, and their establishment and enforcement are governed by Oregon state statutes and case law. It is important for property owners to understand that easements appurtenant can significantly affect property rights and use, and they may wish to consult with an attorney for specific legal advice regarding such easements.