How does an easement appurtenant function?

How does an easement appurtenant function?

• A. Benefits a specific property owner only
• B. Transfers with ownership of the dominant and servient parcels
• C. Stops when the dominant parcel is sold
• D. Requires a formal agreement to change status

Answer: (B)

An easement appurtenant enhances the use of a dominant parcel of land by granting access or privileges over a servient parcel. This type of easement is inherently linked to the land rather than to individual owners. When the ownership of the dominant parcel changes, the easement automatically transfers with it, ensuring that the new owner continues to benefit from the easement. This characteristic makes the easement appurtenant a permanent feature of the property, thus providing ongoing rights to the owner of the dominant parcel regardless of any changes in ownership. In contrast, an easement that benefits a specific property owner only does not provide the broader, enduring benefit of an easement appurtenant, as it is tied to one individual rather than the land. An easement appurtenant does not cease when the dominant parcel is sold; it remains in place and continues to benefit the new owner. Also, while changes to the terms of an easement may require a formal agreement, the nature of an easement appurtenant does not inherently demand this for it to remain valid through changes in ownership.

An easement appurtenant enhances the use of a dominant parcel of land by granting access or privileges over a servient parcel. This type of easement is inherently linked to the land rather than to individual owners. When the ownership of the dominant parcel changes, the easement automatically transfers with it, ensuring that the new owner continues to benefit from the easement. This characteristic makes the easement appurtenant a permanent feature of the property, thus providing ongoing rights to the owner of the dominant parcel regardless of any changes in ownership.

In contrast, an easement that benefits a specific property owner only does not provide the broader, enduring benefit of an easement appurtenant, as it is tied to one individual rather than the land. An easement appurtenant does not cease when the dominant parcel is sold; it remains in place and continues to benefit the new owner. Also, while changes to the terms of an easement may require a formal agreement, the nature of an easement appurtenant does not inherently demand this for it to remain valid through changes in ownership.