A seller conveys a parcel by grant deed. The parcel holds a recorded easement over the neighbor's driveway, and the deed says nothing about it. What happens to that easement?
Correct Answer
A) It passes to the buyer with the land, because an easement appurtenant runs with the land
An easement appurtenant belongs to the parcel it benefits rather than to the person who owns that parcel, so it is an incident of the land. Civil Code Section 1104 provides that a transfer of real property passes all easements attached to it, and Section 1084 provides that the transfer of a thing transfers its incidents unless they are expressly excepted. Silence in the deed therefore carries the easement to the buyer; it would take express language to reserve or exclude it. The result would differ only for an easement in gross, which is personal to its holder and not attached to any benefited parcel.
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