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 Utah, 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 right is beneficial to the dominant estate, which is the property that benefits from the easement, and is a burden on the servient estate, which is the property over which the easement runs. Utah law acknowledges that easements appurtenant are tied to the land itself rather than to the individual owner, meaning they 'run with the land.' Consequently, when either the dominant or servient property is sold or otherwise transferred, the easement appurtenant automatically transfers to the new owner. These easements are typically created by a written agreement and recorded in the county recorder's office where the properties are located, ensuring notice to future owners and the public. An attorney can provide specific guidance on creating, transferring, or terminating an easement appurtenant in Utah, as well as assist in resolving any disputes that may arise from such easements.