9.9 Appurtenant

• Library: Real Estate Practice Deskbook (2019 Ed.)

1. (§9.9) Appurtenant

The law favors construction of an easement as an appurtenant easement. "An easement appurtenant runs with the dominant tenement and passes with the conveyance of the dominant tenement even if not specifically mentioned in the instrument of conveyance." Phelan v. Rosener, 511 S.W.3d 431, 438 (Mo. App. E.D. 2017) (citing Three-O-Three Invs., Inc. v. Moffitt, 622 S.W.2d 736, 739 (Mo. App. W.D. 1981)) (words such as heirs, assigns, perpetual, and permanent indicate a desire to create an easement appurtenant but are not necessary in order to do so). An appurtenant easement must have a dominant tenement (i.e., the land

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