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An example of an appurtenant easement would be an easement across your neighbor's land (the burdened parcel) for driveway purposes so that the owner of your property (the benefited parcel) can drive across your neighbor's land to access a public road.

When the easement is attached to the land, it is called an easement appurtenant. Conversely, an easement in gross only entails the use of a servient estate. As a result, a right is not attached to the land in question. Rather, a personal right, such as that of an individual or a utility, is noted instead.

What Is An Easement Appurtenant In Real Estate? An easement is the right to use another person's property for a specific and limited purpose that runs with the property. An easement appurtenant is a specific type of easement where two properties are linked together as servient tenement and dominant tenement estates.

Appurtenant refers to rights or restrictions that run with the land. The term is generally used in the context of easements or covenants, and is distinguished from rights or restrictions in gross, which only benefit or burden a particular person.

An easement in gross can be sold to either an individual (personal) or to a company (commercial). For example, if your family owns land that abuts a highway and a local dairy farm wants to access that highway by cutting through your land, your family may sell a commercial easement in gross to the dairy.

The major difference between the easement appurtenant and an easement in gross is that the easement appurtenant involves a dominant parcel constraining an adjacent servient parcel, and is an inseparable feature of both parcels. By contrast, an easement in gross involves only servient parcels.

In general, there are two different types of easements that can be created by express grant either an appurtenant easement or an easement in gross. An appurtenant easement is an easement that runs with the land meaning it is meant to be binding on successive owners of the dominant and servient tenements.

An appurtenant easement attaches to the ownership of the dominant estate. If the dominant estate is sold, the appurtenant easement will pass to the new owner, and if the servient estate is sold, it will remain subject to the easement.

Common examples of appurtenances are driveways, drainage ditches, fences, and rights of way. For more information on appurtenances, see Practice Note, Easement Fundamentals and Standard Document, Easement Agreement (Short Form).

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Railroad tracks or electrical wires. An easement instrument is usually recorded in the land records where the real property is located.Many properties have easements, often laid out when the subdivision was created. A utility easement is a common type that gives local utility companies the right to use parts of a piece of land. Develop the same before completing the development o. "A limited nonpossessory interest in the land of another. " An easement proper is an incorporeal right which is appurtenant to the ownership. Rearmost points of the side lot lines in the rear. Praies and drainage are on the file in the office of the Depyment of Public Works.

Nassau New York Utility Easement (Electric Lines and Appurtenances)

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