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legalgems, Arbitrator
Category: Real Estate Law
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Where do you go to determine if the neighbors easement is

Customer Question

Where do you go to determine if the neighbors easement is "appurtenant"?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  legalgems replied 1 year ago.

Generally it will be in the deed, for example:

Where the grant is incorporated in the deed, it often reads somewhat as follows: "For the consideration aforesaid, the grantor grants to the grantee, his heirs and assigns, as an easement appurtenant to the premises hereby conveyed, an easement for ingress and egress over (here describe servient tenement).

Easements appurtenant are adjacent to the servient estate. If the dominant estate is sold or otherwise transferred to another, the easement over the servient land is transferred with it. (the dominant estate is the one with the benefit - the one entitled to use the easement; the servient estate is the one that has the easement on it)

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 1 year ago.

checking in to see how things worked out; hopefully the deed had explicit language so the information was easily verifiable.

Thank you for using JA.

Take care!