If Mr. Baldwin sells his property to Mr. Charles without mentioning the recorded easement, what happens?

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When Mr. Baldwin sells his property to Mr. Charles, the outcome depends on the nature of the recorded easement. Since easements are typically recorded in public records, they attach to the property rather than the owner. This means that when Mr. Charles purchases the property, he takes it subject to any existing recorded easements.

Therefore, Mr. Charles receives the rights of the easement even if it was not specifically mentioned during the sale. The principle of "buyer beware," or caveat emptor, applies here; buyers are expected to perform due diligence, which includes checking for any encumbrances like easements that might affect the property. This legal standard ensures that easements are upheld and survive a change of ownership, providing the easement holder with the rights granted in the agreement.

This understanding of property rights is crucial, as it protects both the seller's and buyer's legal interests and facilitates the proper functioning of property law regarding easements.

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