Easements and Rights-of-Way- we have some property owners that were granted easement and the owners were named on the easement grants by the previous owner of our property. My question is two part: does there easement automatically transfer to the new owners if their property is sold? and does it also allow for them to rent their properties allowing easement for their renters?
1 Answer from Attorneys
Easements "run with the land," meaning they transfer to new owners when the property changes hands. Absent specific wording of limitations, they also run with rights to use and occupancy of the property less than full ownership, including leases.