Easement Appurtenant
In the context of location intelligence reports for homeowners and homebuyers, an easement appurtenant is a legal agreement that allows the owner of a property (known as the dominant estate) to use a specific part of an adjacent property (known as the servient estate) for a designated purpose. The easement is attached to the land itself and transfers with the property when it is sold.
Key aspects of easement appurtenant include:
- Specific purpose: Easements appurtenant are granted for a specific use, such as access to a driveway, utility lines, or a pathway to a public road. The easement holder cannot use the servient estate for any purpose beyond what is specified in the easement agreement.
- Permanence: Easements appurtenant are typically permanent and remain in effect even when the properties change ownership. The easement is recorded in the property deed and transfers with the land.
- Maintenance responsibilities: The easement agreement may outline the maintenance responsibilities for the easement area, specifying whether the dominant or servient estate owner is responsible for upkeep and repairs.
- Property value impact: The presence of an easement appurtenant can affect the value of both the dominant and servient estates. While the dominant estate may benefit from the additional rights granted by the easement, the servient estate may experience a decrease in value due to the encumbrance on the property.
When considering a property purchase, it is essential for homebuyers to review the property deed and any associated easements appurtenant. Understanding the rights and restrictions imposed by an easement can help buyers make informed decisions about the suitability of a property for their needs and anticipate any potential challenges or limitations.
