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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
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 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.
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