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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 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.

An appurtenance is real property, which we defined previously as being immovable or fixed to the land. Appurtenances appertain to the land, which means they relate to the land. Examples of appurtenances include in-ground swimming pools, a fence, or shed that are all fixed to the land.

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).

The difference is that, with an easement appurtenant, the dominant estate your neighbor, for example holds the right to the land. With an easement in gross, the users of the easement aren't estates, they're people like utility companies or services.

The rights associated with an appurtenancy are associated with the land. In common terms, we say right-of-way or rights that run with the land. In other words, if the property owner of a dominant estate sells the property, the new property owner will enjoy the same easement in appurtenant as the previous owner.

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.

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City of Highland Park, Wayne County, the State of Michigan, or the United States. Clear Zones and Horizontal Placement of Utilities in the Right-of-Way .Determining the locations of sewer lines and manholes. Easement widths shall not vary between manholes. United States. Congress. House. Committee on Government Operations. United States. Army.

Wayne Michigan Utility Easement (Electric Lines and Appurtenances)

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