If a rear parcel previously had an easement, and is subsequently sold (without said easement included within the transfer deed), does the prior easement (by law) still attach itself to the transfer.
Short answer: Yes. Long answer: It depends.
I think it would boil down to intent.
Was the easement specifically excluded?
or is it likely that it was unintentionally omitted from the deed?
With no easement, Is the parcel now landlocked?
Yes, appurtenant easements transfer although they aren't specifically mentioned in the Deed. That common law principle is also restated in our Statutes at Civil Code 1104:
1104. A transfer of real property passes all easements attached thereto, and creates in favor thereof an easement to use other real property of the person whose estate is transferred in the same manner and to the same extent as such property was obviously and permanently used by the person whose estate is transferred, for the benefit thereof, at the time when the transfer was agreed upon or completed.
Civil Code 1104 addresses the implied grants. Thanks Dave.
I see that 801 also addresses the dominant tenement or appurtenant nature attached to the front parcel.
Yes, the rear parcel would be landlocked.
There's been an easement across the north 25 feet of the front parcel (for the rear parcel to the west). But, there was a specific easement thru the rear parcel (heading south) to another landlocked parcel to the south. Sid specific easement was quit claimed or extinguished, and nothing seems to have been set up for access to this additional southerly parcel.
