Eagle Glen Unit Owners Ass'n v. Lee

Johnson, Chief Judge.

This appeal involves the issue of whether the foreclosure of a deed to secure debt encumbering one tract of land terminates an easement on an adjoining tract. We hold that, under the circumstances in this case, the easement over the adjoining tract was not terminated and, for that reason, affirm the trial court’s grant of summary judgment to the owners of the foreclosed property.

Ultima/R. B. M. Nesbitt Associates (“Ultima”) owned two adjacent parcels of real property. Ultima borrowed money from Great Southern Federal Savings & Loan (“Great Southern”), giving Great…