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 South Carolina, an easement appurtenant is recognized as a type of property interest that provides the holder of the dominant estate certain use rights over the servient estate. This type of easement is created to benefit the dominant estate and is tied to the land itself, rather than to the individual owner. As such, it 'runs with the land,' meaning it automatically transfers with the property upon sale or inheritance without the need for a separate conveyance. The creation of an easement appurtenant typically requires a written agreement that must be recorded to provide notice of the easement's existence. South Carolina law requires that the terms of the easement be clear to establish the rights and responsibilities of both the dominant and servient estate owners. Disputes over easements may be resolved through negotiation, mediation, or litigation, and an attorney with experience in real estate law can provide guidance on the creation, interpretation, and enforcement of easements appurtenant.