What type of encumbrance "runs with the land" regardless of changes in ownership?

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An easement, also known as a servitude, is a type of encumbrance that runs with the land, meaning it remains in effect even when the property changes ownership. This is particularly important in real estate as it establishes the right of one party to use a portion of another party’s property for a specific purpose, such as access to a road or utility installation.

Easements are attached to the title of the land rather than the individual owner, ensuring that future owners of the property are still bound by the conditions of the easement. This characteristic is crucial for ensuring that certain rights, such as access or utility lines, are maintained over time, providing continuity and security in property use.

While mortgages, property taxes, and title insurance are critical to property ownership, they do not have the same enduring nature in relation to ownership changes. Mortgages are typically specific to the current owner and may not automatically transfer with the sale of the property, property taxes are liens that can vary in amount and applicability depending on ownership, and title insurance serves to protect against defects in title rather than being an encumbrance that exists with the land itself.

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