Real estate blog entries tagged with easement by Gary Ginsberg (Area Pro Realty NorCal)

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Home : Blogs : Gary Ginsberg : Gary Ginsberg's Danville Real Estate Blog : Tag "easement"

easement: 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)

easement: constructive notice? - 02/12/08 04:45 PM

… (0 comments)

easement: 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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