Question

Mr. James sold Blackacre to Mr. Woods. Before he sold it, Blackacre had an appurtenant easement across Whiteacre, which was owned by Mr. Sommers. When Mr. Woods tried to use the easement, Mr. Sommers protested. Which of the following is correct?

Answer 1

An appurtenant easement usually passes with the land when it is sold, so Mr. Woods should have the right to use the easement on Mr. Sommers's property if it was properly established and persists.

Step-by-step explanation:

If Mr. James sold Blackacre to Mr. Woods and Blackacre had an appurtenant easement across Whiteacre, owned by Mr. Sommers, then the easement should legally continue to exist after the sale of the property. An appurtenant easement is tied to the land and not to the individual owner, meaning it generally passes with the land when the property is sold. If the easement was properly created and recorded, Mr. Woods would typically have the right to use the easement just as Mr. James did, and Mr. Sommers's protest may not have a legal basis unless there is a specific valid reason that the easement has been terminated or invalidated.