NCEES Principles and Practice of Surveying Practice Exam

What does it mean for an easement to "run with the land"?

1. It is transferable to new owners of the property

2. It must be continuously maintained

3. It can only be used for a limited time

4. It requires special permission for use

The correct answer is: It is transferable to new owners of the property

An easement that "runs with the land" means that the rights associated with the easement are inherently tied to the land itself, rather than to an individual or a specific property owner. This characteristic allows the easement to remain in effect even when the property is sold or transferred to new owners. Therefore, new owners automatically inherit the benefits and obligations of the easement, ensuring that the rights are preserved as part of the property title. This concept is significant in property law as it provides continuity of rights and allows for the consistent use of the property by different parties over time. The implication is that when a property changes hands, the easement can still be utilized just as it was by prior owners, fostering an understanding that land use rights can persist beyond individual ownership.