In February 2026, Nina bought Lot 8, which has a recorded driveway easement across adjacent Lot 9 so the owner of Lot 8 can reach the public road. Two months later, Nina sold Lot 8 to Marcus. What happened to the easement when Marcus took title?
Correct Answer
C) It passed with Lot 8 as an easement appurtenant benefiting the dominant estate
A recorded easement appurtenant benefits the land itself rather than the individual owner. Because Lot 8 is the dominant estate, the access right ordinarily transfers automatically with the conveyance of that parcel to Marcus.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
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