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 Ohio, an easement appurtenant is a 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 type of easement is attached to the land, meaning it 'runs with the land' and is not tied to the individual who initially obtained it. When either the dominant or servient property is sold or transferred, the easement appurtenant automatically passes to the new owner. Ohio law recognizes the creation of easements appurtenant through express grants in deeds, necessity, implication, or by prescription (long-term use). The specific rights and responsibilities of the parties involved in an easement appurtenant are often outlined in the deed or the agreement that established the easement. Disputes over easements may be resolved through negotiation, mediation, or litigation, and an attorney with experience in real estate law can provide guidance on the creation, interpretation, and enforcement of easements appurtenant.