An easement appurtenant—also known as an appurtenant easement, an appendant easement, or a pure easement—is an easement created to benefit another tract of land, with the use of the easement being incident to the ownership of that other tract of land.
An easement appurtenant benefits one tract of land (the dominant estate or tenement) to the detriment or burden of the other tract of land (the servient estate or tenement).
Easements appurtenant are attached to the land (are said to “run with the land”) and are automatically transferred when either the dominant estate or the servient estate is sold or transferred to a new owner.
In Arkansas, an easement appurtenant is recognized as a non-possessory right to use another person's land for a specific benefit to the holder's adjacent land. This type of easement is tied to the land itself (dominant estate) rather than an individual, meaning it is transferred with the property when the ownership of the dominant estate changes. The servient estate is the land over which the easement runs and is burdened by the easement. Arkansas law requires that for an easement appurtenant to be enforceable, it must be created with clear intent, be used for the benefit of the dominant estate, and the two estates must be adjacent or within reasonable proximity. The creation of such easements can be through a written agreement, necessity, implication, or prescription. When property with an easement appurtenant is sold, the easement typically remains in place and binds subsequent owners, ensuring the benefit or burden of the easement continues with the respective estates.