Can an REO that is landlocked be legally sold in CA with no easement?

Question

Can an REO that is landlocked be legally sold in CA with no easement?

Answer

Sure, landlocked parcels are sold all the time, to people who think they can, and have the money to, prosecute an action for easement by necessity.

Answer

I agree with Mr. McCormick. I have this very issue in a case right now for judicial foreclosure that I am defending. It is a major problem, because my own client argues with me and thinks the property is worthless. It may have a diminished value, but real property is not worthless.

Answer

Anybody wanna buy my client's landlocked parcel?

I certainly agree that they can be bought and sold. The seller must disclose what he knows or thinks he knows about the facts. Inspection may be difficult or impossible.

It is sometimes said or believed that there is no such thing as a landlocked parcel in California; that an easement or the right to an easement must exist, e.g., the "easement by necessity" concept. The existence of truly landlocked parcels, to which no "easement by necessity" can be claimed, was confirmed by the California Supreme Court in Murphy v. Burch (2009) 46 Cal.4th 157.

The Court said, inter alia, ".....the common-law doctrine (of easement by necessity) does not exist to ensure a right of access to any and all landlocked property; rather, the doctrine is properly applied only when the circumstances establish that an access easement was intended at the time of the common owner's conveyance." Murphy, at page 164.

Murphy v. Burch involves land where the previous common owner of the parcels was the United States Government. The case goes on to explain in detail why no intended easement can be inferred when the government was the prior common owner of the parcels.