Property ownership glossary
An easement appurtenant connects a dominant parcel to a servient parcel
Two parcels are the essential clue. The benefit belongs to the dominant land, not merely to the person who first negotiated the access.
Last updated: August 1, 2026
Easement appurtenant: definition first
Direct answer: An easement appurtenant is a nonpossessory right that benefits one parcel of land and burdens another. The benefited land is the dominant tenement, and the burdened land is the servient tenement. The benefit and burden generally run with their respective parcels when either property is conveyed, subject to the easement terms and valid termination.
Why it is on the exam: PSI tests easements and their effect on title, value, and use in Property Ownership. Appurtenant questions usually ask the candidate to identify the two parcel roles, determine who can use the right after a transfer, or distinguish the arrangement from an easement in gross.
Parcel count
Two related parcels
Receives benefit
Dominant tenement
Carries burden
Servient tenement
Transfer
Benefit and burden run with land
Assign each parcel its correct role
| Decision point | Dominant tenement | Servient tenement |
|---|---|---|
| Position | Receives the easement benefit | Carries the easement burden |
| Owner's practical right | Uses the other parcel within the easement scope | Keeps title and compatible use subject to the easement |
| On sale | Benefit ordinarily passes to the new owner | Burden ordinarily binds the new owner |
| Driveway example | Landlocked parcel gaining road access | Parcel crossed by the access route |
Find the land benefit, not the founder's identity
Suppose Owner A grants Owner B a right to use a driveway because B's parcel needs access to a public road. The lasting benefit improves B's parcel. When B later sells, the new owner ordinarily receives that appurtenant access even though the new owner was not personally named in the original deed.
The grant should be read for route, width, purpose, maintenance, users, duration, and limits. Appurtenant status answers where the benefit attaches. It does not make the scope unlimited.
- Locate the benefited parcel first.
- Label it dominant and the crossed parcel servient.
- Read the use and physical scope from the creating facts.
- Carry the benefit and burden to later owners unless a termination fact applies.
Both owners keep rights in the easement area
The dominant owner receives the stated use, not fee ownership of the servient strip. The servient owner keeps title and can make compatible use. A gate, landscaping, parking, or construction becomes an issue when it exceeds the documents or unreasonably interferes with the easement.
Maintenance is not solved solely by the words dominant and servient. An express agreement can assign cost and work. Without provided terms, avoid inventing a universal allocation when the question asks only who holds the access right.
Merger requires the relevant interests to unite
An owner does not need an easement over land owned in the same complete title because a person ordinarily cannot hold an easement against that person's own land. When the dominant and servient estates come into the same ownership and legal requirements are met, merger can terminate the easement.
A later resale does not automatically recreate the extinguished right. A new express easement, an implication, necessity, or another legally sufficient route would need its own facts. This is why merger is different from merely having related companies or partial interests on both sides.
Sell the burdened parcel
Question: Parcel D has a recorded access easement across Parcel S. Parcel S is sold to a buyer who dislikes the traffic and was not the original grantor. Can the buyer revoke the access solely because ownership changed?
Best answer: No. Parcel S remains the servient tenement, and the appurtenant burden ordinarily follows it to the buyer.
Why: The benefit belongs to Parcel D and the burden attaches to Parcel S. A change in the servient owner's identity does not by itself terminate a recorded easement appurtenant.
Lock in the distinction
Exam trap
Do not reverse dominant and servient. Dominant receives the benefit. Servient serves the easement and carries the burden. Neither label tells you who is wealthier, larger, or first in the question.
Memory cue
Dominant draws the benefit. Servient supplies the land. Put D on the destination parcel and S on the strip being used.
Quick questions
How many parcels does an easement appurtenant involve?
Two: a dominant tenement that receives the benefit and a servient tenement that carries the burden.
Does an easement appurtenant pass to a buyer?
The benefit and burden generally run with their parcels, subject to the grant, notice and recording principles, and any valid termination.
Who owns the easement strip?
The servient owner ordinarily retains fee title. The dominant owner holds the limited use right described by the easement.
Can an easement appurtenant end by merger?
Yes, when the required dominant and servient interests unite in the same ownership. The exact interests and legal facts matter.
Primary sources and review status
- PSI Illinois Real Estate Candidate Information Bulletin, June 24, 2026
- 765 ILCS 5, Illinois Conveyances Act
Checked through August 1, 2026. This definition is an exam-prep explanation, not a substitute for current law or advice about a live dispute. The current official source controls if the outline or Illinois rule changes.