142. 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.
The easement remains valid because it is considered to run with the land, meaning that it is tied to the property itself rather than to the individual owner. Even though the easement was not recorded or mentioned during the sale, it can still be enforced as it pertains to the rights associated with the property.
A) No, because the original easement was not recorded.
While recording an easement is critical for public notice, the lack of recording does not invalidate the easement itself. The easement can still be valid and enforceable, as it exists in relation to the property regardless of whether it has been formally recorded.
B) No, because the sale did not mention the easement.
The omission of the easement in the sale does not negate its existence. An easement can still be valid even if it is not disclosed during the transaction, as it runs with the land and is independent of the owner's knowledge or the sale's details.
C) Yes, because the easement runs with the land.
This option is correct because easements typically run with the land, meaning they are attached to the property itself. Therefore, regardless of recording or mentions in the sale, the easement remains valid and enforceable against future owners of the property.
D) Yes, because a servient estate controls.
This option is incorrect as it misunderstands the relationship between the servient and dominant estates. While the servient estate may be subject to the easement, it does not imply that the easement is valid merely because of the servient estate's control; rather, the validity of the easement is independent of such control.
Conclusion
The correct answer emphasizes that easements running with the land retain their validity irrespective of recording or mention during property transactions. Other options misinterpret the implications of recording and sale disclosures, failing to recognize that the easement's enforceability is inherently tied to the property itself. Thus, option C is definitively correct in affirming the easement's validity.