Newly published court case, survival of easement.

[steffan]

New appellate case just published explaining why Ca Civil Code Section 811 does not automatically extinguish an easement when the servitude is held by the servient tenement.

[Warren Smith]

Gotta love that unity of title. I imagine that even if both properties were secured by Deeds of Trust, the outcome might be the same, due to third party interests.

[Jim Frame]

Common sense prevailed.

[David Kendall]

Interesting that the lenders are technically considered to be owners of the property.

I suppose that is how it ought to be but I never thought of it that way....

Thank you for posting this Steffan!

[proud]

Wow, I looked up the property on street view and can not believe the property was worth the court time and effort. Only in California. Jp
https://www.google.com/maps/place/2957+ ... 11fwp0r9x2

[Peter Ehlert]

Interesting that the lenders are technically considered to be owners of the property.
SNIP

Lenders are definitely at the top of the food chain...

they stand in line, right behind the Government.

"Owners" are somewhere behind both of them

[Warren Smith]

Yep, their interest is such that it can ripen into fee title. And that's what happened here.