Hutz_and_Goodman wrote: atticus89 wrote:
Hutz_and_Goodman wrote:If A has an appurtenant easement to use B's land (ex. a path to cross), and B sells to C, is it correct that the easement applies to C the same as it did to B, and to end the easement C needs to follow one of the standard ways to end an easement (ex. prescriptive or purchase of A's property)?
I believe when the servient estate is sold (B), the transferee (C) takes subject to the easement UNLESS C was a bona fide purchaser (i.e. C paid consideration and took without actual, record, or inquiry notice). If C was a BFP, the easement doesn't apply to C. If C was not a BFP, the easement applies to C and can be terminated in the standard ways, as you mentioned.
Thanks. But in the case of an easement like a path, C will never be a BFP because there is inquiry notice, right? (if he looks at the land he is buying and sees that a path is cleared from neighbors land across, he should have notice of the easement).
From what I've gathered in the practice essays, the analysis should be like:
Actual - raise and dismiss because there will never be actual notice (too easy)
Record - same
Inquiry - you argue BOTH SIDES using the facts
The example you're using would tend to prove that the person should have been on inquiry notice, but I think facts could prove otherwise. For example, is it a dirt path? What if it was a path that was used for 10 years, not used often for 5 years, but wasn't abandoned? Meaning that grass grew in and it looked like there was no path there anymore. Those facts would tend to show no inquiry notice.
Remember that you don't abandon an easement just by failing to use it. If a dirt path was carved out and used for a year, but then wasn't used for a couple years and grass grew back in to make it look like part of B's land, C wouldn't necessarily be on inquiry notice because even visiting and inspecting the land wouldn't make it clear that there was an easement. The easement to use a particular tract would still be there even if a physical path wasn't there anymore.