What is an Easement Appurtenant in Real Estate Law?

I've noticed many property owners get confused about easements, especially when they hear the term "easement appurtenant." Let me break this down for you in simple terms and explain why it matters for your property ownership.

Easement Appurtenant: An easement appurtenant is a legal right that allows one property owner to use a portion of a neighboring property for a specific purpose, such as accessing a road or connecting to utilities. This type of easement involves two properties - the dominant property that benefits from the easement, and the servient property that must allow the use.

Key Components of an Easement Appurtenant

The easement appurtenant relationship involves two main players: the dominant estate and the servient estate. The dominant estate (your property if you benefit from the easement) gets to use part of another property for a specific purpose. Think of it like having permission to use your neighbor's driveway to reach your garage.

The servient estate (the property that grants the easement) must allow this use but still owns the land. They can still use their property, but they can't interfere with your easement rights.

Common Types of Easement Appurtenants

You'll find several types of easement appurtenants in residential properties:

• Access easements - These let you use someone else's property to reach yours

• Utility easements - Allow utility companies to run power lines or water pipes across properties

• Support easements - Particularly common in townhouses where one building supports another

• Solar easements - Protect your right to sunlight for solar panels

Creation and Documentation

Creating an easement appurtenant requires proper legal documentation. The easement must be written, signed, and recorded with your local property records office. This documentation becomes part of your property's deed, making the easement "run with the land" - meaning it stays valid even when properties change hands.

Rights and Restrictions

Property owners with easements have specific rights and limitations. If you have an easement across your neighbor's land, you can only use it for its intended purpose. For example, if you have a driveway easement, you can't decide to build a swimming pool there.

Both property owners share maintenance responsibilities. Usually, the dominant estate owner maintains the easement area, while the servient estate owner avoids interfering with its use.

Common Issues and Disputes

I've seen several common problems pop up with easement appurtenants:

• Boundary disputes over exactly where the easement lies

• Arguments about maintenance responsibilities

• Misuse of the easement area

• Blocking access to the easement

Impact on Property Value

Easements can affect property values both positively and negatively. An access easement might increase your property's value by guaranteeing road access. However, a utility easement might decrease value by limiting where you can build or plant trees.

Differences from Other Easements

An easement appurtenant differs from other types of easements. Unlike an easement in gross, which benefits a specific person or entity, an easement appurtenant benefits the property itself. Prescriptive easements come from continuous use over time, while implied easements arise from necessity.

Due Diligence for Property Buyers

Before buying property, you should:

• Get a thorough title search

• Review property surveys

• Have a legal professional examine existing easements

• Consider title insurance that covers easement issues

Working with Easement Appurtenants

If you're dealing with easement appurtenants, keep good records and maintain open communication with your neighbors. Document any agreements about maintenance or modifications in writing. Remember that while easements can be modified, both property owners must agree to changes.

Conclusion

Understanding easement appurtenants helps protect your property rights and prevents future disputes. Whether you're buying, selling, or managing property with easements, proper knowledge makes a big difference.

Need help navigating properties with easements? Bellhaven Real Estate specializes in properties with complex easement situations. Our team can guide you through buying or selling property with easement appurtenants, making sure your interests are protected every step of the way.