A California homeowner grants a neighbor an easement for a shared well and the easement is recorded with the county recorder. The homeowner later sells the property, and the deed to the new buyer makes no mention of the easement. Under California law, what is the status of the easement?
Correct Answer
A) The easement remains valid and the new buyer takes the property subject to it
Under California Civil Code §1213, a recorded instrument provides constructive notice to all subsequent purchasers and encumbrancers. Because the easement was recorded, the new buyer is charged with constructive notice of its existence regardless of whether the deed mentions it. Easements are interests in land that run with the burdened property and are not extinguished by a subsequent conveyance.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Zoning is the government's division of land into districts with specific permitted uses such as residential, commercial, industrial, or agricultural. It is the most common exercise of police power over private property.
Building codes are government regulations that set minimum standards for construction, materials, design, and safety in buildings. They protect public health and safety by ensuring structures are built to acceptable standards.
A certificate of occupancy (CO) is an official document issued by the local building department certifying that a building complies with building codes and is safe for occupancy. It is required before a building can be legally occupied.
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