If an easement affects a property transfer, what is required?

If an easement affects a property transfer, what is required?

• A. Disclosure is not required.
• B. An easement must be removed before closing.
• C. An easement automatically transfers with the land.
• D. It must be disclosed and permitted by the seller.

Answer: (D)

Disclosing encumbrances that affect the property transfer is required. An easement is a legal right that restricts how the land can be used, so it’s a material fact a buyer needs to know before closing. In NS real estate practice, known easements must be disclosed on the necessary disclosure forms and the seller should provide access to the supporting documents (registered easement, maps, etc.). The easement itself remains with the land and transfers to the new owner, so informing the buyer upfront is essential. The seller’s role is to permit and facilitate that disclosure by supplying the relevant information. Removing the easement before closing isn’t required or always possible, and while an easement runs with the land, the key requirement in this context is proper disclosure and the seller’s cooperation in providing the information.

Disclosing encumbrances that affect the property transfer is required. An easement is a legal right that restricts how the land can be used, so it’s a material fact a buyer needs to know before closing. In NS real estate practice, known easements must be disclosed on the necessary disclosure forms and the seller should provide access to the supporting documents (registered easement, maps, etc.). The easement itself remains with the land and transfers to the new owner, so informing the buyer upfront is essential. The seller’s role is to permit and facilitate that disclosure by supplying the relevant information. Removing the easement before closing isn’t required or always possible, and while an easement runs with the land, the key requirement in this context is proper disclosure and the seller’s cooperation in providing the information.