Easement Appurtenant

Category: legal

A permanent legal right to use another person’s land for a specific purpose that transfers with the property title.

An easement is the "access right." If Property A is landlocked and needs a driveway through Property B to reach the road, an easement appurtenant is created. The right belongs to the land, meaning if Property A is sold, the new owner still gets to use the driveway.

Common Examples

• The commercial parcel was heavily discounted because a massive utility easement appurtenant prevented building on the back half of the lot.
• We discovered an access easement appurtenant during the title search that allowed the neighboring farm to drive tractors through the property.