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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33762
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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We have an easement with our neighbors but they have sold

Customer Question

we have an easement with our neighbors but they have sold their house. Does that easement transfer with the land?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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When you say "easement" do you mean a written recorded document at the local land records office?

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Or do you mean a written agreement that you had with them privately, but not actually recorded?

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Or a verbal agreement where they agreed to allow you to use their land or you allowed them to use yours?

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thanks

Barrister

Customer: replied 1 year ago.
This is a recorded & documented easement on our deed.
Expert:  Barrister replied 1 year ago.

Ok, then it endures indefinitely and would transfer to any subsequent owner. An easement is a property right and can't be extinguished unless it is conveyed to the underlying property owner by the owner of the easement or unless it is affirmatively abandoned with explicit statements that the easement owner is abandoning it permanently.

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thanks

Barrister

Customer: replied 1 year ago.
On our deed, it states that the easement (for a driveway) is given to the persons (our relatives) and not the land. Does that make a difference?
Expert:  Barrister replied 1 year ago.

Well yes, that makes all the difference. That makes it a personal license and not really an easement. An easement runs with the land forever. But if this was the right to use the land granted specifically to those people, then it isn't a true easement, it is a license that gives just them permission to use the land and would then expire when they no longer are the owners of the land.

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thanks

Barrister

Customer: replied 1 year ago.
But, it is accounted for in our Deed as an easement to my Brother and Sister-in-law by name. By that description it is considered a license? So we should redo this license with the new owners?
Expert:  Barrister replied 1 year ago.

Well, it can be called whatever you like, but if it doesn't "run with the land" and is only granted to the brother and sister in law, then it isn't a true easement, it is a personal license.

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As for whether you should redo it with the new owners, that depends on whether you want to continue giving them the right to use your land. If not, you could legally prevent the new owners from doing so, although that would be kind of unneighborly..

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thanks

Barrister

Customer: replied 1 year ago.
Thanks you for your help! You have been great!
Expert:  Barrister replied 1 year ago.

You are very welcome. Glad to help any time..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister

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