A property owner obtains a utility easement for a neighbour to run a water line across their backyard. If the neighbour sells their property, what happens to the easement?

Question: A property owner obtains a utility easement for a neighbour to run a water line across their backyard. If the neighbour sells their property, what happens to the easement?

Answer options:

• The easement automatically terminates upon the sale of the dominant tenement, requiring a new agreement. ✅ The easement remains with the land and typically transfers to the new owner of the dominant tenement, as it is an interest in land.
• The easement becomes voidable at the discretion of the new owner of the servient tenement.
• The utility company must re-register the easement, incurring new fees for the new property owner.

Correct answer: The easement remains with the land and typically transfers to the new owner of the dominant tenement, as it is an interest in land.

Explanation: Easements are an interest in land and are typically 'runs with the land.' This means that once properly created and registered, they usually transfer with the ownership of both the dominant and servient tenements, binding subsequent owners unless terminated by specific legal means.