PAUL ROSEN, ET AL V. PETER KEELER, ET AL
A-0555-08T2
01-27-10
An easement appurtenant cannot be transferred or assigned
for the benefit of another tenement separate from the dominant
estate unless the instrument creating it demonstrates a clear
intent to grant such a right. A provision in the instrument
stating that the easement runs with the land and inures to the
benefit of the grantees and their "assigns and successors in
title" does not grant such a right but is limited to subsequent
owners of the dominant estate. Therefore, the purported
assignment ofunenforceable.
