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 Colorado, an easement appurtenant is a type of property interest that allows the holder of the dominant estate to use a portion of the servient estate for a specific purpose, such as access to a road or utility lines. This easement is considered to 'run with the land,' meaning it is tied to the property itself rather than to the individual owner, and it is automatically transferred to new owners when the property is sold. Colorado law recognizes the creation of easements appurtenant through express grants, which must be in writing and signed by the party granting the easement, or through implication or prescription under certain circumstances. The maintenance, modification, and termination of easements appurtenant can be subject to specific terms outlined in the easement agreement or, in the absence of such terms, governed by state statutes and case law. It is important for property owners to understand their rights and obligations under an easement appurtenant, as these can affect property value and usage. An attorney can provide guidance on the creation, interpretation, and enforcement of easements appurtenant in Colorado.