Which statement is NOT true regarding an easement appurtenant?

An easement appurtenant is a legal right that allows one property owner to use a portion of another property for a specific purpose, and it is closely tied to the ownership of the properties involved, referred to as the dominant estate (the property benefiting from the easement) and the servient estate (the property burdened by the easement).

The statement that is not true is that an easement appurtenant is an encumbrance on the dominant property. An encumbrance is a claim or liability attached to a property. While an easement is indeed an encumbrance on the servient property (the one that is burdened by the easement), it does not encumber the dominant property. Instead, it provides benefits to the dominant estate, such as granting rights for access or use that enhance its value or usability.

In contrast, the concept of easements being transferable with the land emphasizes that easements appurtenant generally remain in effect even when the property changes hands, ensuring that the new owners of the dominant estate continue to have the same rights. Additionally, while easements do impact the servient estate, they do not inherently affect neighboring properties unless those properties are involved in a specific easement arrangement.