Land Use & Zoning
In New Mexico, an easement appurtenant benefits:
AA specific individual regardless of land ownership
BThe dominant estate and runs with the land✓ Correct
COnly the current property owner
DThe servient estate
Explanation
An easement appurtenant benefits the dominant estate (the property with access rights) and transfers automatically with the land. Both the dominant and servient estates must exist.
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Key Terms to Know
Easement
A non-possessory right to use another person's land for a specific purpose.
Chain of TitleThe sequential record of all transfers of ownership for a piece of property from the original patent holder to the present owner.
ZoningLocal government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
VarianceOfficial permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.
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