An easement grants someone the right to use another person’s land for a specific purpose, such as crossing it to access a road. The land that benefits from the easement is known as the dominant estate, while the land burdened by the easement is called the servient estate. Easements come in various types, such as right-of-way or right to water. While easements can be permanent, they do not confer the right to own or sell the land.
An appendant easement is a specific type of easement appurtenant, which grants the right to use or control another person’s land for a limited purpose. The land that benefits from the easement is known as the dominant estate, while the land burdened by the easement is called the servient estate. Unlike a lease or licence, an appendant easement can last indefinitely, but it does not grant the holder the right to possess, improve, or sell the land. Examples of appendant easements include a right-of-way, which allows the dominant estate owner to cross the servient estate to reach a public road, and a right to the support of land and buildings, which permits the dominant estate owner to rely on the servient estate for structural stability. These examples demonstrate how an appendant easement benefits the dominant estate owner by enabling them to utilise the servient estate for a specific purpose. The right-of-way example illustrates how the dominant estate owner can conveniently access a public road without circumventing the servient estate, while the support example showcases how the dominant estate owner can depend on the servient estate for structural support. These easements are created to serve the dominant estate and are considered appurtenant because they are connected to the ownership of that estate.
An appendant easement is a type of easement that is attached to a specific piece of land and benefits the owner of that land by allowing them to use a portion of another person’s land for a specific purpose, such as accessing a road or water source.
An appendant easement is typically created through a written agreement between the landowners involved, or it may be established through continuous and open use of the easement over a long period of time.
In most cases, an appendant easement cannot be revoked by the owner of the servient land (the land that is being used for the easement) unless there is a specific provision in the original agreement allowing for revocation.
The owner of the dominant land (the land benefiting from the easement) has the right to use the easement for its intended purpose, while the owner of the servient land has the responsibility to not interfere with the use of the easement.
In most cases, an appendant easement is attached to the land and will transfer to a new owner when the land is sold or transferred, unless there are specific provisions in the original agreement stating otherwise.
If an appendant easement is not used for an extended period of time, it may be at risk of being abandoned, which could result in the loss of the easement rights.
The terms of an appendant easement can be modified if all parties involved agree to the changes and the modifications are properly documented and recorded.
Common disputes related to appendant easements include disagreements over the extent of the easement rights, interference with the use of the easement, and maintenance responsibilities.
An appendant easement can be terminated if all parties involved agree to terminate it, or if the easement is no longer necessary or feasible due to changes in the surrounding land or circumstances.
It is advisable to consult with a lawyer experienced in real estate and property law when dealing with appendant easement issues, as they can provide guidance on your rights and responsibilities and help resolve any disputes that may arise.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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