Foreclosure Includes Water Rights as Part of Land

Sandton Agriculture Investments III, LLC v. 4-S Ranch Partners, LLC (2025) 113 Cal.App.5th 519

Floodwater that percolated into the aquifer belonged to the lender that purchased the real property by a credit bid at a nonjudicial foreclosure sale. The water rights were appurtenant to the land and water in its natural state, including floodwater, is a part of the land and constitutes real property. The former owner did not establish a personal property right under the fundamental principles of California's water because the water was not the former owner's personal property.