If an easement was not recorded when a landlocked property is sold, is it still valid for the new owner?

Study for the Rockwell Fundamentals Test. Utilize flashcards and multiple-choice questions with explanations. Be fully prepared for your exam experience!

An easement is a legal right to use someone else's land for a specific purpose. Even if it wasn't recorded at the time of the sale of a landlocked property, it can still be considered valid for the new owner because easements can run with the land. This means that the right associated with the easement remains in effect regardless of ownership changes, as long as the easement was established properly, such as through grant, implication, or necessity, before the property was sold.

In legal terms, the concept of "runs with the land" reinforces the idea that such rights are attached to the property itself rather than to the individual owner. Therefore, the new owner would likely still have the right to use the easement, ensuring access or usage benefits that came along with the property.

When analyzing the other options, they either imply that the easement's validity is strictly dependent on recording or documentation, which overlooks established principles in property law regarding easements. Thus, even without being recorded, the easement can remain enforceable, making it a part of the property's rights and obligations for the new owner.

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