Legal Question in Real Estate Law in California
Is a recorded easement (California) done prior to a foreclosure sale, still in effect or does the f/c
nullify the easement?
Where would one find the law(s) that either uphold or deny the easement and what must one do
to enforce rights granted if said easement is not void?
Thanks,
1 Answer from Attorneys
It depends on when the easement was granted relative to the deed of trust that is foreclosed upon. This is not due to any special law of easements, but title priority law in general. If you deeded me the whole property without paying off the deed of trust, my title to the property would be subject to the deed of trust, and if you or I didn't pay the lender, they could still foreclose and I would lose the property. The same applies to any interest in real property, say a life estate, a mining agreement, a second deed of trust, . . . or an easement. Anything granted later in time than the deed of trust is held subject to the deed of trust and is extinguished by a foreclosure on the deed of trust. So the easment was extinguished by the foreclosure.