§ 1104 Property Transfer Easement Rights

This law says that when land is sold, any rights to use that land (easements) stay with the new owner, and the new owner also gets the same rights to use other land that the old owner used.

Key Takeaways

•When land is transferred, all existing easements go to the new owner.
•The new owner gets the same rights to use other land as the previous owner did.
•These rights are based on how the land was used at the time of the transfer.

Example

Alice sells her house to Bob. The house has a right to use a driveway that crosses the neighbor's land.

Bob inherits the driveway right and can continue to use it the same way Alice did, because the law keeps those rights when the property changes hands.

A transfer of real property passes all easements attached thereto, and creates in favor thereof an easement to use other real property of the person whose estate is transferred in the same manner and to the same extent as such property was obviously and permanently used by the person whose estate is transferred, for the benefit thereof, at the time when the transfer was agreed upon or completed. (Enacted 1872.)

This law says that when land is sold, any rights to use that land (easements) stay with the new owner, and the new owner also gets the same rights to use other land that the old owner used.

Key Takeaways

•When land is transferred, all existing easements go to the new owner.
•The new owner gets the same rights to use other land as the previous owner did.
•These rights are based on how the land was used at the time of the transfer.

Example

Alice sells her house to Bob. The house has a right to use a driveway that crosses the neighbor's land.

Bob inherits the driveway right and can continue to use it the same way Alice did, because the law keeps those rights when the property changes hands.

Key Takeaways

Example

Key Terms

References

§ 1104 Property Transfer Easement Rights

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References