Delaware Property Bar Practice Exam 2025 – Your Complete Test Prep Guide

Easements in Delaware pass automatically with the deed when property is transferred. This principle is rooted in the nature of easements as property interests that bind the land, not the owner. Therefore, when the dominant tenement (the property benefiting from the easement) is sold or transferred, the easement rights automatically transfer to the new owner of that property without the need for separate documentation. This automatic transfer reflects the idea that easements are rights associated with the land itself, ensuring that new owners can utilize easements that may have been established by previous owners.

While recording an easement can provide constructive notice to future purchasers, it is not a requirement for the easement to remain valid between the parties involved. This concept can often be misconstrued with other property interests that do require recording to protect against third-party claims.

The idea that easements are subject to negotiation at the time of sale is inaccurate because existing easements typically remain intact unless there is an explicit agreement stating otherwise. Thus, easements provide a level of certainty and security for both the servient and dominant tenements without the need for renegotiation.

Overall, the essential point is that easements operate as part of the property’s characteristics and continue to exist amidst transfers, ensuring