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 Dakota, an easement appurtenant is recognized as a type of property interest that provides the holder of the easement the right to use a portion of another's land for a specific, beneficial purpose related to the holder's own adjacent land. This type of easement is tied to the land itself (dominant estate) and not to the individual who owns the land. Therefore, it 'runs with the land,' meaning that if the dominant or servient estate is sold or transferred, the easement appurtenant automatically passes to the new owner. The creation of such easements typically requires a written agreement and may arise from a deed, will, or by implication or necessity. South Dakota statutes and case law govern the establishment, use, and termination of easements appurtenant, ensuring that the rights and obligations associated with these easements are clear and enforceable. An attorney can provide specific guidance on creating, interpreting, or disputing an easement appurtenant in South Dakota.