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 North Carolina, an easement appurtenant is recognized as a type of property interest that provides the holder of the easement the right to use a portion of another's property for a specific purpose. This easement is inherently connected to the land, meaning it benefits the dominant estate (the property that gains the advantage) and encumbers the servient estate (the property that grants the easement). North Carolina law ensures that easements appurtenant are transferred with the property when it is sold or otherwise conveyed, as they are considered to 'run with the land.' This means that new owners of either the dominant or servient estate will automatically assume the benefits or burdens of the existing easement. The creation, modification, or termination of an easement appurtenant typically requires a written agreement and may be subject to local zoning laws and regulations. It is advisable for property owners dealing with easements to consult with an attorney to understand the specific rights and obligations associated with the easement.