Can an easement appurtenant be terminated?

An easement appurtenant is automatically extinguished if, at any point, the same person comes to own the dominant tenement and the servient tenement at the same time. Even if the ownership is later split along the same borders of the original properties, the original easement is extinguished.

What is an easement appurtenant in real estate?

Appurtenant Easement: Sometimes called an “easement appurtenant.” An appurtenant easement benefits the holder in use of a specified parcel of land, the benefited property. Not tied to a dominent tenement; however, there is still a servient tenement or burdened property. Most easements are appurtenant.

Are appurtenant easements transferable?

Courts primarily choose the easement appurtenant to counter the Ackroyd limitation on transferability of an easement in gross. The law consistently has allowed the transfer of easements appurtenant because courts consider them to be an inseparable part of the holder’s land.

How do you extinguish an easement?

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

Who is entitled to an appurtenant easement on a property?

The property that grants the appurtenant easement to the other is considered as the servant property while the other property benefiting from the easement is the dominant property. An easement in gross is a right granted by one property owner to a person or entity to make use of a property in a certain way.

Who is responsible to maintain an easement in Illinois?

Browse US Legal Forms’ largest database of 85k state and industry-specific legal forms. Who is responsible to maintain an easement and pay for any damage? Easement to property. In Illinois, who legally is required to maintain the easement? Is it the owner of the property that the easement is on or the property owner that uses the easement?

Can a servient property benefit from an easement?

Sometimes adjacent properties have an easement between them, allowing one or both parties access to the other. One is the servient property, and the property that benefits from the easement is the dominant property. In this case, you have an appurtenant easement .

How does an easement work in real estate?

If the property owner with an easement sells the property, the new buyer gains the easement rights that belong with the property. To be a legal appurtenant easement, the properties involved must be adjacent to each other and must be owned by separate entities.