An appurtenant easement that benefits an adjacent property is said to 'run with the land.' What does this mean?
Correct Answer
C) The easement transfers automatically with ownership of the dominant estate
An appurtenant easement benefits the dominant parcel, and its benefit generally passes with a conveyance of that parcel under the easement and applicable law. It is not merely permission personal to the present owner and ordinarily does not require renegotiation at each sale. Running with the land does not guarantee perpetual duration: scope, stated terms and lawful termination must be considered.
Why This Is the Correct Answer
Option C is correct because an appurtenant easement is attached to the dominant estate, so its benefit generally passes with conveyance of that parcel. It is not a personal permission held by the current owner and ordinarily does not need to be renegotiated at each sale. Running with the land concerns transfer with ownership; it does not by itself mean the easement lasts forever, since its terms and lawful termination still matter.
Why the Other Options Are Wrong
Option A: The easement only applies to the current property owner
Option A, saying the easement only applies to the current property owner, is wrong because that describes a personal right such as a license or easement in gross. An appurtenant easement benefits the dominant parcel and passes to later owners.
Option B: The easement must be renegotiated with the buyer each time the dominant property sells
Option B, saying the easement must be renegotiated with the buyer each time the dominant property sells, is wrong because the benefit transfers with the dominant parcel under the easement and applicable law. No new agreement is ordinarily needed at each sale.
Option D: The easement expires when the property is sold
Option D, saying the easement expires when the property is sold, is wrong because a sale of the dominant parcel ordinarily carries the easement benefit to the buyer. Termination depends on the easement's terms and applicable law, not on a sale.
Attached to land, travels with deed
Appurtenant means 'belonging to' the land, so the benefit travels with the dominant parcel's title rather than staying with the seller.
How to use: Use this to tell appurtenant easements apart from personal rights when a property changes hands.
Exam Tip
Distinguish 'runs with the land' (transfers with ownership) from 'lasts forever'; easements can still end under their terms or applicable law.
Common Mistakes to Avoid
- -Treating an appurtenant easement as a personal right of the current owner
- -Assuming running with the land means the easement can never end
- -Confusing an appurtenant easement with an easement in gross
Concept Deep Dive
Analysis
This question tests what 'runs with the land' means for an appurtenant easement. An appurtenant easement is legally connected to adjoining property, so its benefit belongs to the dominant parcel rather than to a particular person. The reasoning is that the benefit generally passes to the next owner when the dominant parcel is conveyed.
Background Knowledge
An easement appurtenant involves two parcels: a dominant estate that benefits and a servient estate that is burdened. Because the easement is legally connected to the land, it typically transfers with title to both parcels. An easement in gross, by contrast, benefits a person or entity such as a utility company rather than a neighboring parcel.
Real-World Application
A homeowner relies on a recorded driveway easement across the neighbor's lot to reach the street. When the homeowner sells, the appraiser notes that the access easement benefits the parcel and is expected to pass to the buyer, and reviews the recorded instrument for its terms.
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