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 West Virginia, an easement appurtenant is recognized as 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. This easement is considered to be 'running with the land,' meaning it is attached to the property itself rather than to the individual owner. Therefore, it is automatically transferred to new owners when either the dominant or servient property is sold or otherwise conveyed. The creation of an easement appurtenant typically requires a written agreement that must be recorded to provide notice of the easement's existence. West Virginia law will enforce and uphold easements appurtenant as long as they are properly created and documented. The specific rights and obligations of the parties involved in an easement appurtenant may be outlined in the deed or other legal instruments that establish the easement. An attorney can provide guidance on creating, transferring, or terminating an easement appurtenant in West Virginia.