Types of easements

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 this looks like in practice

Appurtenant easements run with the land. They attach to the parcels, not to the people, so both the benefit and the burden pass automatically at closing whether or not the deed mentions them. Buying a property does not reset its easements, and selling does not release you from having granted one.

Easements in gross. Held by a person or company rather than a neighboring parcel, behave differently. Commercial ones, such as utility and pipeline easements, are generally transferable and are routinely assigned when a utility sells its system. Personal ones may not survive the holder. The document and state law decide which category applies.

What to do next

1Check whether each easement benefits a neighboring parcel (appurtenant) or a person or company (in gross).
2For appurtenant rights that benefit your property, confirm they are recorded so a future buyer's title search finds them.
3Pull the recorded documents from the county recorder, clerk, or register of deeds, most offices provide a certified copy for a few dollars per page, and many publish a free online index.
4Disclose known easements early in a sale rather than letting them surface during the buyer's title review.

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.

Questions people ask next

Does a new deed need to list the easements?

It does not have to for them to remain effective, though deeds are often drafted 'subject to easements of record' to make the position explicit.

Can a buyer refuse to take a property with an easement?

Yes, most purchase contracts allow a buyer to object to title exceptions within a review period, and an easement that materially affects use is a common objection.

What happens if the benefited parcel is subdivided?

The benefit often extends to the resulting lots, but not always, and the burdened owner can object where the subdivision materially increases the burden.

Related terms