Happy family

Find a legal form in minutes

Browse US Legal Forms’ largest database of 85k state and industry-specific legal forms.

Easements of Light, Air, and View as Running with Land

If a covenant or agreement for light, air, and view benefits the land to which it relates and enhances its value, then the easement created becomes appurtenant to the land and passes with it[i].

Thus, a covenant or stipulation purporting to reserve an easement of light and air in the premises granted runs with the land and binds subsequent grantees of the premises[ii].

However, if the parties intend to create an easement of view appurtenant only to a certain house, such easement runs only to that particular house.  If the house is destroyed or altered that made the easement no longer possible, then the easement will be extinguished[iii].

[i] Hennen v. Deveny, 71 W. Va. 629 (W. Va. 1913)

[ii] Hagerty v. Lee, 54 N.J.L. 580 (E. & A. 1892)

[iii] Hopkins the Florist v. Fleming, 112 Vt. 389 (Vt. 1942)


Inside Easements of Light, Air, and View as Running with Land