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danville: prescriptive easement problem - 02/12/08 05:20 PM
I have been dealing with a situation that concerns me as a homeowner and Realtor...The problem: A sewer main in an unconventional location running through the middle of my backyard as well as 50 neighbors. The Central Contra Costa Sanitary District holds a "prescriptive" easement to maintain the system.This easement was not revealed on the preliminary title report or TDS at time of sale. In other words undisclosed by owner , realtor, and title co.
The title co maintains that the easement essentially doesn't exist because it is not indexed by the usual grantor/grantee method and easement declaration is not constructive notice.
I am … (0 comments)
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danville: constructive notice? - 02/12/08 04:45 PM
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danville: letter sent to title co about "easement declaration" - 02/12/08 04:28 PM
Danville, CA 94526
Issue: Sewer Main
A sewer easement declaration from 1977 against all lots in Los Lomitas subdivision #1 is unreported by First American in a purchase dating Dec 31, 1991. The sewer easement is not placed where permitted by subdivision CC&R 's at perimeter of property, restricts possible present and future utility and desirability of subject property, resulting in a loss. Present owner will be obligated to disclose this fact upon sale. Restrictions placed on building additions, in ground pool, or additional garage space affect market value for present and future owners.
Time line
1991 TDS was filled out by seller and … (0 comments)
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danville: map showing backyard sewer mains in las lomitas - 02/12/08 04:23 PM
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danville: picture worth a thousand words... - 02/12/08 03:45 PM
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danville: Here's the opinion of a chief title officer about the resolution - 02/07/08 01:30 PM
"This resolution really won't change anything. It doesn't create any easement as nothing is granted by the property owners. Since the owners haven't executed the document it can't be indexed to them and therefore there is no constructive notice. Since the Resolution describes only the specific lots that are affected, it will be posted to those properties, only, in the title plant. As with the original Resolution, many examiners will not pick up the Resolution, but competent examiners will pick it up and show the effect of the document in some way."
Asst. Vice President/Chief Title Officer
Call 888 893 8595 … (0 comments)
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danville: Las lomitas meeting on backyard sewer lines... - 01/30/08 04:57 PM
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danville: Real estate Danville, Realtor Danville, Danville Homes for sale - 01/11/08 01:33 PM
Real estate Danville, Realtor Danville, Danville Homes for sale
Prescriptive easements not on title reports
Prescriptive easements in the Las Lomitas subdivision in Danville,CA? A storm channel runs through dozens of lots....and the significant space occupied by the channel came out of the lots...title reports don't show this prescriptive easement because it is not recorded in Contra Costa county records.The Town of Danville maintains it but doesn't "own" it ...the map showing the channel's course through the lots is inaccurate and "for city use only" Well, if that isn't enough...some of theses same homes have a 6" sewer main running smack down the middle of their … (0 comments)
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Gary Ginsberg
Danville,
CA
More about me…
Area Pro Realty NorCal
Cell Phone: (925) 366-4550
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