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 Florida, an easement appurtenant is a property right that allows the holder of the dominant estate to use a portion of the servient estate for a specific purpose, such as access to their property. This type of easement is considered to 'run with the land,' meaning it is attached to the property itself rather than to the individual owner, and it is automatically transferred to new owners when the property is sold or otherwise conveyed. The creation of an easement appurtenant typically requires a written agreement that is recorded in the county where the property is located, ensuring notice of the easement's existence to future buyers. Florida law recognizes the permanence of easements appurtenant, and they can only be terminated under specific conditions, such as through a written release by the holder of the dominant estate, by abandonment, or by the merger of the dominant and servient estates into one ownership.