In the case of a property with an easement that is noted in the MLS but not mentioned in the purchase agreement, which statement is TRUE?

The correct statement is that the easement transfers with the deed as an appurtenance and has been disclosed. An easement is a right to use another person's land for a specified purpose, and it is typically recorded with the deed, making it a matter of public record. Since it is noted in the Multiple Listing Service (MLS), there is an obligation for potential buyers to be aware of its existence.

Even if the easement is not explicitly mentioned in the purchase agreement, its presence in the MLS indicates that it was disclosed to potential buyers. An appurtenant easement is tied to the property and not the owner, meaning it remains with the property even when ownership changes hands. Therefore, buyers cannot claim they were unaware of the easement when it has been publicly recorded and noted in the MLS. Hence, the easement still applies to the property, and the buyer acquires the property with the easement intact. This fundamental understanding of property rights reinforces that the buyer is purchasing the property with the easement included.