Easement: Underwriting Guidelines

Easements which are appurtenant are those which are granted to an owner of a specific property to be used and enjoyed in conjunction with the use and enjoyment of the benefited and typically adjoining property. The property which enjoys the benefit of an easement is referred to as the dominant estate. An appurtenant easement attaches to and is incidental to the use of the dominant estate. An appurtenant easement runs with the land and will be automatically conveyed along with the dominant estate which it benefits. In most jurisdictions this is so even if a subsequent deed in the chain of title which describes and conveys the dominant estate fails to describe the appurtenant easement. The ownership of the easement belongs to the person that owns the dominant estate, unless it is specifically severed from the dominant estate by a recorded instrument.


Rights of Way


Insuring Easements

Easements Burdening the Subject Property