If an easement for ingress and egress across land is not recorded, does it run with the land and remain valid for a new owner?

• A. No, it does not run with the land
• B. Yes, because an easement of this type runs with the land
• C. It is void unless recorded
• D. It terminates upon transfer

Answer: (B)

An easement for ingress and egress that benefits a particular parcel is typically an appurtenant right. Such a right attaches to the land itself, not to the owner, so it runs with the land and transfers to a new owner along with the property. Recording is mainly a notice device for buyers; the easement can exist and bind successors even if it isn’t recorded. It remains in place unless it’s terminated by a release, merger of the properties, abandonment, or another extinguishing event.