Does the easement follow the land or the owners?
What if the easement was ignored and neglected by the purchasing party and then somehow "reinstated" several years later? Is it still valid?
A piece of commercial property was sold to a couple with an easement. The property was foreclosed and retained by the bank. The easement was not recorded when the ownership was changed from the couple to the bank. Some years later, the property was then sold to another individual, and once again with no mention of the easement. That individual later sold the property to an investment group with once again, no easement. This was all in a span about 10-15 yrs.
Our lawyer argued that there was no easement on that property, and that the original easement which was never recorded was only given to the current owners at that time therefore the easement was null and void. (easement made no clause for succession of the easement nor property)
So my question is, can the easement exist? Was the judge correct in saying that it still exists?
This is in Washington State.