What is required for the existence of an easement appurtenant?

For an easement appurtenant to exist, it must involve a dominant and servient tenement. The dominant tenement is the property that benefits from the easement, while the servient tenement is the property that is burdened by it. This relationship is essential because the easement is tied to the land itself, and it typically remains in effect even when ownership of either property changes hands.

The requirement of having both a dominant and servient tenement is foundational to the nature of an easement appurtenant, distinguishing it from other types of easements, such as easements in gross, which do not require a dominant tenement. In essence, the easement enhances the use and enjoyment of the dominant estate while placing certain obligations or restrictions on the servient estate. This interplay is crucial in real property law and defines how properties can interact with one another through shared rights of use.