Bar Exam — MBE (Multistate Bar Exam)Real PropertyEasy
A homeowner granted a neighbor an easement to cross her property to access a public lake. The easement document was properly recorded. Years later, the homeowner sold her property to a new owner, who was unaware of the easement. The new owner attempted to block the neighbor's access. Which of the following statements is most accurate regarding the neighbor's right to use the easement?
- AThe neighbor retains the right to the easement because it runs with the land and was properly recorded.
- BThe neighbor can only enforce the easement if they can prove actual use of the easement for the statutory prescriptive period.
- CThe neighbor lost the right to the easement because the new owner was unaware of it at the time of purchase.
- DThe neighbor must obtain a new easement from the new owner, as the original grant was personal to the previous owner.
Show answer & explanationAnswer & explanation
Correct answer: A. The neighbor retains the right to the easement because it runs with the land and was properly recorded.
Easements appurtenant run with the land and are binding on subsequent owners if properly created and recorded, providing constructive notice.
Why the other options are wrong
- B. Prescriptive easements are created through adverse use; this easement was created by grant and recorded, making prescription irrelevant here.
- C. Lack of actual knowledge does not defeat a properly recorded easement; constructive notice is sufficient.
- D. Easements appurtenant are not personal to the grantor or grantee; they are rights tied to the land itself.
Easement Appurtenant
An easement that benefits a particular parcel of land (the dominant estate) and burdens another parcel (the servient estate), running with the land.
- Benefits a specific parcel of land.
- Requires two distinct parcels: dominant and servient estates.
- Transfers automatically with the sale of the dominant estate.
- Is typically binding on subsequent owners of the servient estate if recorded.
Memory trick: Appurtenant Appears to Attach to Property.