Real Estate Law
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Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
When you say "easement" do you mean a written recorded document at the local land records office?
Or do you mean a written agreement that you had with them privately, but not actually recorded?
Or a verbal agreement where they agreed to allow you to use their land or you allowed them to use yours?
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.
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.
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.
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..
You are very welcome. Glad to help any time..
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