Lamar owns a field behind Megan's house and property. The only access to the field is Megan's driveway, which Lamar uses to get to his field. If Lamar sells the field, can the buyer use the right-of-way across Megan's property?
Yes. The right-of-way in this problem is an easement appur-tenant.
An easement appurtenant arises when the owner of one piece of land has the right to go onto an adjacent piece of land owned by another. Because an easement appurtenant is intended to benefit the land, it runs with the land when the land is conveyed (transferred) to another. In other words, when a parcel of land that is benefited by an easement appur¬tenant (the dominant estate) is sold, the property carries the ease¬ment with it. The new owner can use the ease¬ment over the burdened property (the servient estate) just as the old owner did.
That is what occurred in this problem.
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