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Simple English definitions for legal terms
appurtenant easement
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A quick definition of appurtenant easement:
An appurtenant easement is a type of legal agreement that allows someone to use someone else's land for a specific purpose, like crossing it to get to a road. The land that benefits from the easement is called the dominant estate, while the land burdened by the easement is called the servient estate. Unlike owning land, an easement only gives the holder the right to use or control the land for a specific purpose and does not allow them to possess, take from, improve, or sell the land. Common types of easements include the right-of-way, right of entry, right to support, right of light and air, right to water, right to do something that would otherwise be a nuisance, and the right to place or keep something on the servient estate.A more thorough explanation:
Definition: An appurtenant easement is an interest in land owned by another person that allows the holder to use or control the land for a specific limited purpose. The land benefiting from the easement is called the dominant estate, while the land burdened by the easement is called the servient estate. Unlike a lease or license, an easement may last forever, but it does not give the holder the right to possess, take from, improve, or sell the land. The primary recognized easements are:
- Right-of-way
- Right of entry for any purpose relating to the dominant estate
- Right to the support of land and buildings
- Right of light and air
- Right to water
- Right to do some act that would otherwise amount to a nuisance
- Right to place or keep something on the servient estate
Examples: An example of an appurtenant easement is a right-of-way that allows a neighboring property owner to cross another person's land to access a public road. Another example is a right to use a well on a neighboring property for water. These examples illustrate how an appurtenant easement benefits one property while burdening another.