Do easements transfer with the property?
Appurtenant easements usually transfer automatically with the land. Easements in gross may or may not transfer, depending on the document and state law.
An appurtenant easement benefits a specific parcel and burdens another specific parcel. It runs with the land, meaning it transfers to every future owner of both parcels automatically.
An easement in gross benefits a person or entity, such as a utility company. Commercial easements in gross are usually transferable. Personal easements in gross, such as a neighbor's right to fish in your pond, may not be.
When you buy a property, the title commitment should disclose all recorded easements that transfer with it. Unrecorded easements may still be enforceable in some cases, but they are harder to discover and prove.
What to look for
- Whether the easement is described as appurtenant or in gross.
- The benefited and burdened parcels identified in the document.
- Any language about transferability or assignment.
- The title commitment's Schedule B exceptions.
General educational reference only. Prescription periods and their exceptions change, and several states set the period by case law rather than by statute. Read the linked official code and consult a licensed attorney in that state before relying on any of it.
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