[WSBARP] Effect of Lender Foreclosure on Easement Agreement
Ron Housh
ron at housh.org
Tue Feb 17 17:15:57 PST 2015
A grants B an easement across A’s land.
B agrees to develop a public road on the easement which road will then benefit both A and B who plan to separately develop their respective properties with single family homes.
B “goes under” and loses his property to a lender foreclosure.
C acquires B’s property from the lender.
C does not want the easement and when presented with the recorded easement says “the easement was extinguished at the time of the foreclosure.” C obviously does not want to be burdened with having to build the public road.
1. I don’t believe the easement is extinguished – in other words I do not believe foreclosures typically if ever extinguish easements.
2. But – I am not sure about C’s obligation to build a public road. C never assumed or agreed to assume that obligation. Would the “run with the land” language in the recorded easement effectively pass the burden of building a public road to C?
3. Related question: easement was recorded in 2007. B actually did some work on the easement that was part of the public road construction process. If the burden of building the public road does pass to C, when would a cause of action against B (and now C) accrue? Wondering if there may be a statute of limitations issue?
Thanks in advance for thoughts.
Ron
I AM TYPICALLY IN THE SEATTLE OFFICE ON TUESDAY AND THURSDAY AND IN THE MOUNT VERNON OFFICE ON MONDAY, WEDNESDAY AND FRIDAY
Ronald G. Housh, P.S.
Attorney at Law
Seattle Office:
1420 Fifth Avenue, Suite 3000
Seattle, WA 98101-2393
Phone: 206-381-1341
Fax: 206-464-0461
Email: <mailto:ron at housh.org> ron at housh.org
Mount Vernon Office:
21411 Bluejay Place
Mount Vernon, WA 98274
Phone: 206-235-2459
Email: <mailto:ron at housh.org> ron at housh.org
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