Appurtenant Law and Legal Definition

The term “appurtenant” means something that is attached to another. The word “appurtenance” is derived from the French word “apparentir” meaning “to belong to.” This word was normally used in deeds and leases and means anything corporeal or incorporeal that is an incident of, and belongs to another thing as principal.

There are different types of easements. However, a crucial distinction is between an easement appurtenant and an easement in gross. An easement appurtenant to is something that benefits the dominant adjoining land. An easement appurtenant is attached to an estate permanently and it benefits the owner of such estate. An easement appurtenant includes a dominant and a servient estate. This can be transferred by deed, will, or intestate succession. When the dominant land or main estate is transferred, an easement appurtenant is also automatically transferred. However, an easement in gross is personal to the holder of the easement and is not transferred to another when the easement holder transfers his/her property.