An easement appurtenant is one that is beneficial to a specific property. This means that it is essentially viewed as part of the property itself, or that it “runs with the land.” Part of the property’s value comes from the fact that the easement exists.
The other main type of easement is known as an easement in gross. This means that it is not necessarily beneficial to the land, but to an individual. This type of easement does not run with the land.
What difference does it make?
One of the main differences between these two types of easements involves what happens to them if the property changes hands. With an easement in gross, since it only benefits an individual, a new buyer is generally not obligated to uphold the easement. They could certainly choose to do so, and they may enter into an official agreement with another property owner to do so. But it is not part of the land itself, so it is their decision.
With an easement appurtenant, however, the new owner typically takes on the obligation after the transfer. That is why it is so important for people to understand if an easement exists when making an offer or completing the purchase process. They are still going to have to allow the easement even after they take possession of the land, meaning that someone else may be allowed to access or use that property.
Easements can have an impact on property values, and they can also lead to disputes between property owners regarding how they apply or when they need to be upheld. When these disputes occur, it is important for those involved to know what legal options they have.
