Legal Question in Real Estate Law in California

If the easement agreement is to be recorded, it must be signed before a notary. The owner can grant an easement without lender approval unless specifically forbidden by the terms of the loan. Note, however, that if a pre-existing, recorded deed of trust is foreclosed, the subsequently created easement will be wiped out. See Perez v. 222 Sutter St. Partners (1990) 222 Cal.App.3d 938.

I don't think you need lender approval. It sounds as though this was a bank sale after the bank foreclosed, so they no longer have any interest in either of the two parcels.

Mr. Whipple is exactly right. I had two such cases while in-house with Fidelity National Title and Chicago Title. If the servient tenament was purchased with a loan secured by a deed of trust, and the easement is granted after that, and then the bank forecloses, the easement is wiped out. A title company may be able to help you with this, either by insuring the transaction, if the underwriter feels the risk is small enough, or by pointing you in the right direction to see if you can get a subordination from the lender.