Which of the following is conveyed incident and appurtenant to the land?
Question & Answer
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Easements and restrictions.
Easements and restrictions are not automatically conveyed as appurtenances. Easements are typically created separately through agreements or necessity, while restrictions are often recorded in CC&Rs and may not automatically transfer with the land.
Water rights.
Mineral rights.
Mineral rights are frequently severed from the land and retained by previous owners. They are not automatically conveyed with the property unless specifically included in the conveyance documents.
All of the above.
Not all listed rights are appurtenant to the land. While water rights are, easements and restrictions are separate interests, and mineral rights are often severed, making this option incorrect.
Why is this correct?
Water rights are appurtenant to land in California, meaning they automatically transfer with the property when ownership changes. This is a fundamental principle in California real estate law, as water is considered a natural resource that benefits the land itself.
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