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BOETTCHER LAW OFFICE ATTOPNEV AT lAW 17 APPLEGATE COURT SUITE 101 PO.BOX 9310 MADISON,WISCONSIN 53715-0310 110GER W.BOETTCHER AREA CODE 608 TELEPHONE 273-4737 MEMORANDUM ISSUE PRESENTED: Do the benefits of an appurtenant easement move to all portions of a dominant parcel upon subdivision and transfer of the dominant parcel? EASEMENT LANGUAGE FROM DEED: Lot Two ( 2 ) , Certified Survey Map 5295 , was conveyed , "Subject to ingress/egress easement for the benefit of Lot One ( 1 ) Certified Survey Map #5295 as set forth on recorded Certified Survey Map #5295 . " ( See copy of CSM# 5295 attached for specific location and delineation of easement) DISCUSSION: The purpose of this easement is to enhance the value of the adjoining or nearby land . The lands subject to the easement and the land benefited are specifically designated and described . The easement therefore qualifies as "appurtenant" . This distinction is important because different rules and cases have been applied to easements appurtenant and easements in gross . The parcel served by the easement becomes the "dominant parcel " . Three sources reviewed general rules and exceptions germane to the issue. The first, Law of Easements and Licenses stated as follows : S. 8 . 02 DIVISION OF EASEMENTS APPURTENANT An easement appurtenant serves the entire dominate estate and is apportionable among subsequent owners if the dominant estate is divided . Unless limited by the terms or the manner of its creation , the right to use an easement appurtenant extends to each subdivided portion of the dominant estate. As a general rule , the owner of a divided part of the original dominant tenement may use the easement, even though his particular lot does not abut the servitude. Since subdivision is frequent, courts assume that the parties contemplated the possibility of such a division . Subdivision of the dominant estate will almost certainly produce increased use of the easement. A material increase in such usage may constitute an overburden of the servient estate .