In California, a property owner grants a neighbor an easement appurtenant for a walking path across their backyard. The neighbor later sells their property. The new buyer of the neighbor's property wants to use the walking path. Does the new buyer have the right to use the easement?
Correct Answer
A) Yes, because an easement appurtenant runs with the land and transfers to successive owners
An easement appurtenant is attached to the dominant tenement (the neighbor's property) and runs with the land. Under California Civil Code §801, when the dominant tenement is sold, the easement automatically transfers to the new owner. No separate assignment or additional payment is needed.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Wetlands protection refers to federal and state regulations that restrict development on wetlands — areas where water covers the soil or is near the surface for part of the year. The primary federal authority is the Clean Water Act enforced by the Army Corps of Engineers.
Zoning is the government's division of land into districts with specific permitted uses such as residential, commercial, industrial, or agricultural. It is the most common exercise of police power over private property.
Building codes are government regulations that set minimum standards for construction, materials, design, and safety in buildings. They protect public health and safety by ensuring structures are built to acceptable standards.
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