Does your property or your neighbor’s come with an easement appurtenant? It’s more common than you might think. An easement appurtenant is a property right that benefits one parcel of land while burdening another. It “runs with the land,” meaning it automatically transfers with ownership of the property. Easements appurtenant are legally binding and often critical to access, utilities and property use.
Gearing up for your next homeownership milestone? If you’re looking to move, refinance* or tap your equity for cash, Newrez’s loan experts are glad to guide you through your options so you can take your next steps with confidence.
What Is an Easement Appurtenant?
An easement appurtenant is a legal right attached to a parcel of real estate that allows the owner of one property to use a portion of another property for a specific purpose.
Every easement appurtenant involves two distinct parcels:
- Dominant estate: The property that benefits from the easement
- Servient estate: The property that is burdened by the easement
The easement remains in effect regardless of ownership changes. When the dominant estate is sold, the easement transfers automatically to the new owner, and the servient estate is still subject to the easement.
Core Characteristics of an Easement Appurtenant
1. Runs With the Land
The easement is permanently tied to the property itself, not to any individual owner.
2. Requires Two Separate Parcels
There must be a dominant estate and a servient estate.
3. Recorded in Public Records
Most easements appurtenant are documented in deeds, plats or other land records.
4. Limited Scope of Use
The easement grants a defined use that can’t be changed or expanded without express mutual agreement.
Common Examples of Easement Appurtenant
Driveway Access Easement
If a landlocked property has no direct road access, it may have a driveway easement across a neighboring property. The landlocked parcel is the dominant estate; the neighboring property is the servient estate.
Utility Easement
A shared sewer or water line may cross multiple properties. The dominant property holds the easement rights to maintain and access those lines.
Shared Wall or Fence Easement
In some neighborhoods, adjoining properties share a wall or fence that necessitates stated access and maintenance rights.
Beach or Waterfront Access
In certain subdivisions, inland properties may have appurtenant easements allowing access across another lot to reach a waterfront.
Easement Appurtenant vs. Easement in Gross vs. License
On the other hand, an easement in gross benefits an individual or entity (such as a utility company), not a neighboring parcel. It is not tied to the land and does not require a dominant estate. An example of an easement in gross might be a utility company’s right-of-way.
A license is a landowner’s permission allowing someone to use property for a specific, limited purpose. Unlike an easement, a license does not create a property interest, does not run with the land and is typically revocable at the owner’s discretion. It is personal to the licensee and usually ends when the property is sold or when the licensor withdraws permission.
Easements Appurtenant and Mortgage Lending
Easements are often a routine part of title review and underwriting. Because easements may affect value, lenders may evaluate them for risk management considerations such as access adequacy, the overall impact on usability and compliance with zoning laws.
Consult a Legal Professional
If you are considering buying a property tied to an easement appurtenant, it’s important to understand how this can affect the property’s value and your ownership and usage of the property. A legal professional may be able to help you define whether your needs align with the rights and limitations tied to the land.
Newrez Is Here to Help
Whatever your goals are, we at Newrez want to help you make home happen. We’ve got a full stack of products designed for everyone from the first-time homebuyer to the real estate investor.
Home Loan Options at a Glance
- Conventional Loans: Conventional loans typically require credit scores of 580 or higher. Borrowers can make down payments as low as 3%, though many choose to put 20% down to avoid private mortgage insurance. These loans are versatile and may be used to finance primary homes, second homes or investment properties.
- FHA Loans: These government-backed loans are designed for borrowers who may have limited savings or imperfect credit. They allow down payments as low as 3.5% and generally accept credit scores starting around 580, while also offering more flexible debt‑to‑income guidelines. FHA loans require both an upfront and annual mortgage insurance premium, which helps make the program accessible to a wider range of buyers.
- VA Loans: VA loans support eligible Veterans, Active‑Duty servicemembers and surviving spouses by offering a path to homeownership with no required down payment, so long as the borrower holds full eligible entitlement. These loans do not require private mortgage insurance and often come with competitive interest rates, though most borrowers will pay a VA funding fee, if not exempt.
- USDA Loans: These loans are intended for low‑to‑moderate income borrowers purchasing homes in eligible rural or suburban areas. These loans may allow qualified buyers to put no money down. Borrowers must meet income limits for their county and will pay both an upfront and annual guarantee fee as part of the program.
- Smart Series Loans: Newrez carries a series of loan products designed for borrowers with less traditional incomes, including:
- Self‑employed buyers qualifying without W‑2s.
- Borrowers with past credit events (bankruptcy, foreclosure) seeking Jumbo financing.
- Real estate investors qualifying based on property cash flow.
A Newrez mortgage expert can help determine eligibility.
- Renovation Loans: A renovation loan allows homeowners to finance both their mortgage and the cost of repairs or upgrades in a single monthly payment. This type of loan can be used when purchasing a fixer‑upper or improving an existing home, and it lets borrowers qualify based on the home’s expected value after renovations are complete. Newrez carries both Conventional and government renovation loans.
Not sure which loan type may fit you best? Our mortgage experts are ready to get to know you so they can help guide you to your best loan option. Reach out today to get started.
