Section 19 Transfer, Termination, and Abandonment

• Library: Real Estate Fundamentals 2011

An appurtenant easement is transferred with the dominant tenement whether or not it is mentioned as a part of that transfer. Beldner v. Gen. Elec. Co., 451 S.W.2d 65, 75 (Mo. 1970). See also:

Knox Cnty. Stone Co. v. Bellefontaine Quarry, Inc., 985 S.W.2d 356, 362 (Mo. App. E.D. 1998)

Three‑O‑Three Invs., Inc. v. Moffitt, 622 S.W.2d 736, 739–40 (Mo. App. W.D. 1981)

Stroup v. Johnson, 539 S.W.2d 711, 712 (Mo. App. E.D. 1976)

When the appurtenant easement exists, however created, it passes with the dominant tenement unless it is expressly extinguished. Knox Cnty. Stone, 985 S.W.2d at 362; Three‑O‑Three Invs., 622 S.W.2d at 739–40; Stroup, 539 S.W.2d at 712. But the grantor may not reserve it and retain it independent of the dominant estate.

As noted in §§9.6 and 9.8 above, respectively, easements in gross may be assigned, and exclusive easements in gross may be apportioned, which is to say licensed. See, e.g., Henley v. Cont’lCablevision of St. Louis Cnty., Inc., 692 S.W.2d 825 (Mo. App. E.D. 1985).

Also, if the dominant tenement is partitioned, each grantee of a part of it acquires the right to use appurtenant easements. See Rogers v. Brockland, 889 S.W.2d 827, 831 (Mo. banc 1994); Fortenberry v. Bali, 668 S.W.2d 216, 219 (Mo. App. E.D. 1984). But seeGrider v. Tingle, 325 S.W.3d 437 (Mo. App. S.D. 2010) (a portion of the dominant estate can be severed from the servient estate, terminating the appurtenant easement).

If the servient tenement is burdened with the easement, the purchaser of the servient tenement is also burdened with that easement, but...