Does a new buyer have to uphold an easement?

On Behalf of Marcus, Gould & Sussman, LLP | Jan 2, 2026 | Real Estate | When real estate changes hands, new buyers may find themselves wondering about their obligations. This is especially true if there are agreements in place involving their new property, such as an easement. For example, say that someone purchases a property and there is an easement with a nearby property owner allowing them to share the driveway. But the new owner does not want to continue sharing that driveway. Are they obligated to do so, or can they just decide to end the easement since they never agreed to it in the first place? An easement appurtenant It often depends on what type of easement has been used. Some easements can be eliminated by the new owner, especially if they are just informal agreements between two adjacent property owners. But in other cases, it will be an easement appurtenant, or an easement that runs with the land. The best way to think of this is that the easement is essentially part of the land itself. When the new buyer purchased the property, they were also buying that easement, and they are obligated to uphold it. Additionally, some easements are necessary simply for the property to function. For example, utility companies may have an easement so that they can service the systems that are in place, such as electrical wires or plumbing pipes. A property owner typically has to allow these easements to exist so that the utility companies can still do their work as needed, and this is much different than an easement given to another landowner. In some cases, there can be disputes over easements between landowners or during real estate transactions, and it is important that those involved understand what legal steps to take.