A landowner and her neighbor owned adjoining tracts of land. No public road abutted the neighbor's land, so the landowner grante
d the neighbor an express easement over the north 25 feet of the landowner's land. However, the following month the county extended the public road to the neighbor's land, and he ceased using the easement for ingress and egress.Twenty years later, the neighbor conveyed the easement to his friend, who owned the land adjoining the other side of the landowner. The following year, the neighbor conveyed his land to the landowner. None of the parties has used the easement since the public road was extended. The jurisdiction has a 15-year statute of limitations for acquiring property interests by adverse possession.At what point was the easement extinguished?A When the neighbor attempted to convey the easement to the friend without conveying the dominant tenement itself.B Fifteen years after the neighbor ceased using the easement.C When the neighbor conveyed his land to the landowner.D The easement was not extinguished.
Answer: the correct answer is D) The easement was not extinguished.
Explanation:
The investor has an easement to cross the northern parcel even if the developer never exercised her right to use the easement. The original easement granted to the developer was an easement appurtenant, the benefit of which passes with a transfer of the benefited land. An easement is considered appurtenant when the right of special use benefits the easement holder in her physical use or enjoyment of another tract of land. The land subject to the easement is the servient tenement, while the land having the benefit of the easement is the dominant tenement. The benefit of an easement appurtenant passes with transfers of the benefited land, regardless of whether the easement is mentioned in the conveyance. All who possess or subsequently succeed to title to the dominant tenement are entitled to the benefit of the easement.
