46. A landlocked property was purchased. Appropriate documents were drawn, but the easement was never recorded. Later, when the property was sold, the easement was not mentioned. Is there a valid easement across the property?
Answer: C
Yes, because the easement runs with the land
An easement typically runs with the land, meaning it is attached to the property itself rather than to the owner. Therefore, even if the easement was not recorded or mentioned during the sale, it can still be considered valid as long as it was established legally.
A) No, because the original easement was not recorded
This option is incorrect because easements can still be valid even if they are not recorded, particularly if they can be demonstrated to have been established through prior use or necessity. The lack of recording does not automatically invalidate the easement.
B) No, because the sale did not mention the easement
This option is also incorrect. The mention of an easement in the sale documents is not a requirement for its validity. As long as the easement exists and runs with the land, it remains enforceable regardless of whether it was mentioned during the transaction.
C) Yes, because the easement runs with the land
This option is correct. An easement that runs with the land is inherently linked to the property itself, which means it remains valid and enforceable even if it was not recorded or mentioned in the sale. The legal principle of easements running with the land ensures that they remain effective despite changes in ownership.
D) Yes, because a servient estate controls
This option is misleading. Although the servient estate does have certain controls over the use of the easement, this does not necessarily validate an easement that has not been recorded. The focus here should be on the nature of the easement running with the land, which is not addressed in this option.
Conclusion
The correct answer is that the easement is valid because it runs with the land, ensuring its enforceability despite the lack of recording or mention during the sale. Options A and B incorrectly assume that recording and mention are necessary for validity, while Option D misinterprets the role of the servient estate in establishing easement rights. Thus, C remains the only accurate choice reflecting the legal principles governing easements.