A new property owner may have to honor an easement that already existed on that property when they purchased it. It usually depends on how the easement was set up initially.
In some cases, a property will have an easement in gross. This is a personal agreement between two property owners, and it may not have to be transferred if the property is sold. The new owner can decide if they want to continue the easement or not, and they can negotiate with the other property owner.
On the other hand, an easement appurtenant is part of the property and can be transferred when it is sold. It is said to “run with the land.” The new property owner has an obligation to uphold it, even though they are not the one who originally instituted it.
Easements and property values
For this reason, easements can sometimes have an impact on property values.
Say that a property has an easement appurtenant, meaning it runs with the land and it will have to be upheld by a new property owner. This could limit some of the prospective buyer pool. Because there are fewer people who are interested in purchasing the property, this may serve to drive the property value down.
Every situation is unique, however, and many properties have easements that people do not even think about. For instance, easements are often used by utility companies so that they can service a property.
For any issues regarding easements and real estate, it can be helpful to work with an experienced attorney, especially if a dispute arises.