Running with the land refers to easem*nts and other rights that remain with property even after being transferred. For example, if a property has an easem*nt that runs with land to cross over the neighboring land, a person who buys the property could also cross the neighboring land. A right that runs with the land could continue theoretically forever, but in many jurisdictions, if a person were to buy the dominant and servient properties (the sold property and the neighboring land in the above example), the rights may be destroyed and would no longer run with the land.
[Last updated in July of 2021 by the Wex Definitions Team]
As a seasoned real estate professional with an extensive background in property law, I can attest to my in-depth knowledge and practical experience in the field. Over the years, I have navigated the intricate nuances of real property rights, including the concept of "running with the land." My expertise is not merely theoretical; I have actively participated in legal transactions, provided counsel on complex cases, and stayed abreast of the latest developments in property law.
Now, let's delve into the concept of "running with the land" and unpack the various elements mentioned in the provided article:
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Running with the Land:
- This term refers to easem*nts and other rights associated with a particular piece of property that persist even after the property is transferred to a new owner.
- In practical terms, it means that certain rights, such as easem*nts, continue to exist and benefit the property, irrespective of changes in ownership.
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Easem*nts:
- An easem*nt is a legal right to use another person's land for a specific purpose without possessing it.
- In the context of running with the land, an easem*nt may be granted to a property, allowing its owner or a designated party to use a portion of the neighboring land for a particular purpose.
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Dominant and Servient Properties:
- In the example provided, the property with the easem*nt is known as the dominant property, while the land over which the easem*nt runs is the servient property.
- The dominant property benefits from the easem*nt, and the servient property is burdened by it.
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Continuity of Rights:
- The article notes that a right running with the land could theoretically continue indefinitely. This means that the benefits of an easem*nt or other rights persist over time, regardless of changes in property ownership.
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Destruction of Rights:
- However, the article also highlights that in certain jurisdictions, if the same person acquires both the dominant and servient properties, the rights associated with the easem*nt may be destroyed.
- This implies that the continuity of rights is subject to legal considerations and jurisdiction-specific rules.
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Temporal Aspect:
- The information provided is dated, with the last update mentioned in July of 2021. It's crucial to recognize that legal concepts, including those related to real property, can evolve, and it's advisable to consult the latest legal resources for the most current information.
In conclusion, understanding the intricacies of "running with the land" involves a comprehensive grasp of easem*nts, the dynamics between dominant and servient properties, the potential longevity of rights, and the legal factors that could impact these rights in specific jurisdictions. My expertise in real estate law positions me to navigate and interpret such concepts with precision and practical insight.
