Easement Termonology

Get Legal Help Today

 Secured with SHA-256 Encryption

Easement Termonology

I have an easement recorded 30 years ago with my neighbor. It basically allows me to use the subject land for firebreak, parking, landscaping, and open space purposes. It has the following clause, which I do not fully understand. In other words, does this easement stay with the property for ever, regardless of sale or inheritance?

‘This agreement shall run with the land herein described and be binding upon and inure to the benefit of the parties hereto and their heirs, successors, grantees and assigns.’

Asked on August 15, 2018 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, an easement does stay with the land forever. Think of it as a deed modification, similar to changing the boundaries of land by selling part of your land to a neighbor (or buying part of their land): it alters the nature of the property itself, and so runs with the land unless altered in the future by some agreement among ALL persons affected by the easement, who could then modify the deed(s) affected by it (similar to how you could alter the boundaries of your land by selling part to a neighbor, etc.). Until and unless altered in such a way (or by some court order: e.g. if there was an access easement granted to "landlocked property," but the landlocked property owner acquired some other access to public roads, in which case the property owner who had the easement on his land could seek a court order negating the easement, because it is no longer necessary), it remains in effect, no matter who acquires the land, how.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption