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 Vermont, 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 easement is considered to be 'running with the land,' meaning it is tied to the property itself rather than to the individual owner, and it will pass automatically to new owners when the property is sold or transferred. Vermont law recognizes the creation of easements appurtenant through express grants, which must be in writing and signed by the grantor, or through implication or prescription under certain circumstances. The rights and responsibilities of the parties involved with an easement appurtenant are typically outlined in the deed or the legal document creating the easement. It is important for property owners in Vermont to be aware of any easements that may affect their property, as these can have significant implications for property use and value.