Easement Recorded by Previous Owner After Sale of Property

[rootsharmon]

My state is California. In recently researching recorded docs associated with our property I was surprised to find an easement agreement between the previous owner of our property and a neighboring property owner recorded on 9/2/05. Our deed was recorded 8/31/05. Looking at the notary dates within the agreement, he was negotiating this while we were in escrow and it was not disclosed.

1) Is the easement even valid? If not, can and how do I invalidate the easement?
2) Do I have recourse against the former owner for fees associated with invalidating the easement?

[lwpat]

Yes. Contact the title company or the closing attorney. I would notify the other party that his easement is not valid.