[WSBARP] Extinguishment of easement and effect of security interest

[Eric Nelsen]

A philosophical question:

B owns Blackacre, which has an easement appurtenant for a driveway across Whiteacre, owned by W.

B has a loan, secured by DOT on Blackacre. The DOT's legal description says it covers "Parcel A: Blackacre and Parcel B: Easement for driveway over Whiteacre."

W and B execute a document extinguishing the driveway easement over Whiteacre. So, the easement no longer exists.

Then B's lender forecloses on its DOT.

The question: Can the foreclosure "recreate" the easement over Whiteacre? In other words, was the earlier instrument extinguishing the easement ineffective because of the security interest, so that when the lender forecloses on "Blackacre plus easement over Whiteacre," the easement springs back into being?

Related question: Same result if the DOT's legal description just said "Blackacre" and didn't mention the easement appurtenant? Regardless of whether or not an easement appurtenant is mentioned in a deed, it travels with the benefitted land.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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