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 Georgia, an easement appurtenant is recognized as a property right that provides a benefit to the dominant estate by allowing the use of the servient estate for a specific purpose. This type of easement is tied to the land itself rather than to the individual owner, meaning it 'runs with the land' and is automatically transferred to new owners when the property is sold or conveyed. The creation of an easement appurtenant typically requires a written agreement that must be recorded with the local county to provide notice of the easement's existence. Georgia law requires that the terms of the easement be clear to ensure that the rights and obligations of both the dominant and servient estate owners are understood. Disputes over easements may be resolved through negotiation, mediation, or litigation, and an attorney can provide guidance on the legal implications and enforcement of easement rights in Georgia.