We are looking into buying a foreclosed/unfinished house on acreage. There have been several legal issues come up with this property including bankruptcy, tax foreclosure, recorded lis pendens document, divorce and a recorded view easement. The view easement is what I am questioning. The easement was put into place between the owner and the nieghboring vacant property owner. The easement was recorded after the owner had filed for bankruptcy and the property was subject to a trustee. There is also a discrepancy involving the number of parcels on this property. The county says it is four parcels and the city only recognizes 2 (it is in city limits). My question is, is the view easement that was recorded valid due to the bankruptcy proceedings that preceded it? We would like to build another house onto the back lot after the lot lines are cleared up but we are restricted to a height of 16 ft according to the view easement which makes it difficult design-wise. Any help would be appreciated.

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Originally Posted by melissabh131

We are looking into buying a foreclosed/unfinished house on acreage. There have been several legal issues come up with this property including bankruptcy, tax foreclosure, recorded lis pendens document, divorce and a recorded view easement. The view easement is what I am questioning. The easement was put into place between the owner and the nieghboring vacant property owner. The easement was recorded after the owner had filed for bankruptcy and the property was subject to a trustee. There is also a discrepancy involving the number of parcels on this property. The county says it is four parcels and the city only recognizes 2 (it is in city limits). My question is, is the view easement that was recorded valid due to the bankruptcy proceedings that preceded it? We would like to build another house onto the back lot after the lot lines are cleared up but we are restricted to a height of 16 ft according to the view easement which makes it difficult design-wise. Any help would be appreciated.

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I would consult an Attorney - too many "what ifs" for my comfort.

I have seen view easements set aside; I have seen them enforced.

I believe - I don't know what State you are in - there's pretty much a landmark case in California although I can't find it.

The whole situation with all the problems would make me very nervous.

On the other hand, bankruptcy should not affect easements in any way - for example, it wouldn't change a driveway easement. If a view easement is legal that should not be effected either.

Depending on the size of the lot you can put up a ranch style home and stay under the 16 feet without a problem. Just means no attic, just a crawlspace.

But, since this purchase appears to be very complex, you really should have an attorney advising you. They can better answer your questions.