Question

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

1) It remains with the property and transfers to the new owner
2) It is terminated and no longer exists
3) It becomes the responsibility of the previous owner
4) It is transferred to a third party

Answer 1

An easement appurtenant remains with the property when sold and is transferred to the new owner, as it is attached to the land and benefits the property itself.

Step-by-step explanation:

When a property owner has an easement appurtenant on her property, and the property is sold to another party, the easement typically remains with the property and is transferred to the new owner. This is because an easement appurtenant is attached to the land, not to the individual, and is intended to benefit the property itself. Therefore, when the property changes hands, the easement will continue to apply to and benefit the new owner, ensuring that the original purpose of the easement, such as preserving open space or conservation, is maintained.