Legal Question in Real Estate Law in California
In California must an easement to the servient property for a driveway - which appears on the most recent grant deed - be included in the legal description on a deed of trust for a loan secured by the dominant property? If the lender forecloses on the dominant property, and the easement is not included in the property's legal description in the deed of trust, does the purchaser acquire the easement too, even if it is not included in the deed of trust that was foreclosed?
Asked on 1/04/24, 10:01 am
1 Answer from Attorneys
This cannot be answered without clarifying "the most recent grant deed." The most recent deed from whom to whom and for which property, the servient or dominant tenement?
Answered on 1/06/24, 10:40 am
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