Easement Appurtenant
Definition:
An easement appurtenant is a legal right that allows the owner of one piece of land (the dominant estate) to use a portion of an adjacent or nearby property (the servient estate) for a specific purpose. This type of easement “runs with the land,” meaning it is tied to the properties involved and automatically transfers with ownership of the land.
Easement Appurtenant Information
Easements appurtenant are commonly used to grant access or utility rights across another property. For example, a driveway easement may allow one property owner to cross a neighbor’s land to reach a public road. These easements are typically created by written agreement, deed, or long-term use (prescription) and are recorded in public records to provide notice to future owners.
The key characteristic of an easement appurtenant is that it benefits the land itself—not just the individual owner. As a result, both the dominant and servient estates remain bound by the easement even when ownership changes.
Florida Legal Definition
In Florida, easements appurtenant are recognized and enforceable under Florida property law, primarily governed by Chapter 704 of the Florida Statutes. An easement appurtenant must involve two distinct parcels of land: one that benefits (the dominant estate) and one that bears the burden (the servient estate). The easement is generally created by express grant or reservation in a deed, or it may arise by implication, necessity, or prescription through continuous use.
Florida courts uphold easements appurtenant as property interests that transfer automatically with the dominant estate unless explicitly terminated or merged. Disputes over scope, use, or maintenance are resolved based on the original grant language and the reasonable needs of the properties involved.
How It’s Used in Practice
In practice, easements appurtenant are essential for ensuring property access, drainage, and utility connections. Surveyors and real estate attorneys review title documents and recorded plats to confirm the existence and scope of such easements before closing transactions. Property owners must respect existing easement rights and cannot interfere with the reasonable use granted to the dominant estate. When disputes arise—such as over maintenance or obstruction—legal professionals may negotiate agreements or seek judicial clarification.
Key Takeaways
- An easement appurtenant allows one property (the dominant estate) to use another (the servient estate) for a specific purpose.
- It “runs with the land,” transferring automatically with property ownership.
- Common examples include driveways, utility lines, and access paths.
- In Florida, easements appurtenant are governed by Chapter 704 of the Florida Statutes and are enforceable as property rights.
- Proper documentation, recording, and respect for easement rights help prevent legal disputes between property owners.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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