A property owner has an easement appurtenant on her property. When the property is sold to another party, the easement

A property owner has an easement appurtenant on her property. When the property is sold to another party, the easement

• A. terminates.
• B. transfers with the property.
• C. transfers with the owner to a new property.
• D. becomes a lien on the property.

Answer: (B)

An easement appurtenant is a right that is attached to the land and benefits a specific parcel (the dominant tenement) while burdening another parcel (the servient tenement). Because it is tied to the land, it runs with the property. When the property is sold, the easement stays with the property and passes to the new owner along with title. The new owner receives the same right or burden that the previous owner had, so the easement continues to exist for the benefit of the property owner who holds the dominant tenement. It isn’t a personal right that stays with the individual seller, nor is it a lien, which is a different type of encumbrance tied to debt. Only termination methods like release by agreement, merger of parcels, abandonment, or expiration would end it; otherwise, it transfers with the property.

An easement appurtenant is a right that is attached to the land and benefits a specific parcel (the dominant tenement) while burdening another parcel (the servient tenement). Because it is tied to the land, it runs with the property. When the property is sold, the easement stays with the property and passes to the new owner along with title. The new owner receives the same right or burden that the previous owner had, so the easement continues to exist for the benefit of the property owner who holds the dominant tenement. It isn’t a personal right that stays with the individual seller, nor is it a lien, which is a different type of encumbrance tied to debt. Only termination methods like release by agreement, merger of parcels, abandonment, or expiration would end it; otherwise, it transfers with the property.