A Miami real estate broker is handling a commercial property sale where the legal description includes an easement that "runs with the land for ingress and egress to Flagler Street." The buyer wants to know if this easement will transfer with the property. What should the broker advise?
Correct Answer
B) The easement automatically transfers as it runs with the land
The easement automatically transfers as it runs with the land is correct because easements that "run with the land" are appurtenant easements that automatically transfer with property ownership. These don't need specific mention in the deed to transfer. They don't require separate documentation beyond the original easement creation. They don't expire upon sale but continue with successive owners.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.
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