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 Connecticut, an easement appurtenant is recognized as a non-possessory right to use another person's land for a specific purpose that benefits the holder's adjacent land (the dominant estate). The land that is subject to the use is known as the servient estate. These easements are considered to 'run with the land,' meaning they are attached to the property rather than the individual owner, and they are transferred automatically with the property when it is sold or otherwise conveyed. The creation of an easement appurtenant typically requires a written agreement that is recorded in the land records of the town where the property is located, ensuring notice of the easement's existence to future owners. Connecticut law also recognizes the creation of easements by implication and by prescription under certain circumstances. The rights and responsibilities of the parties involved with an easement appurtenant, including maintenance and the scope of use, are often outlined in the deed or other legal documents establishing the easement and can be further interpreted by state case law.