Legal Question in Real Estate Law in California

There is no simple answer to this one. The easement deed is voidable but not void, unless there are additional facts you have not provided. Whether the grantee of the easement knew or should have known of the grant deed to the purchaser is a key issue. Also important is whether the grantee of the easement paid value for it or if it was a gift. Also very important is who foreclosed and when did the lien that was foreclosed on attach.

In an unpublished case decided a week ago -- Baer v. Douglass -- by the 4th Appellate District, it was held that the intent of the parties, rather than the file numbers assigned, governs the priority of instruments recorded "simultaneously." The decision relied upon earlier published cases, including First Bank v. East-West Bank (2011) 199 Cal.App.4th 1309, and Bartley v. Karas (1983) 150 Cal.App.3d 336. Therefore, it is likely that if (or when) this goes to court, the cuurt will, or should, find that the easement was effective before the sale insofar as the rights of parties without actual or constructive notice of the Septemner 11th deed.

As a further problem in asserting that there is no valid easement, you need to consider the possibility that the neighbor can claim a prescriptive easement.

I think you would have an uphill struggle (at best) to quiet title against the neighbor.

Mr. McCormick is out on a limb on this one. I'm also surprised that Mr. Whipple did not notice the issue of "delivery."

The issue is not when the deeds were executed. The issue is when they were delivered. It sounds to me based on the fact that the recording dates were the same, that an escrow was used. A deed is not delivered until escrow is closed, even though it is always executed before the closing. So it sounds to me that the easement is valid and runs with the land.

To give you a definite answer, I would have to review the actual documents.