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prescriptive easement problem

By
Real Estate Sales Representative with Area Pro Realty NorCal

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 empathetic of both parties positions but would like to point out that leaves potential homeowners in a quandary...who is responsible for disclosing the long term existence of a sewer main in an unconventional location?

I contacted California Asso. of Realtors and the opinion was that the realtor is not held responsible for investigating prescriptive easements not visible to the eye unless a representation is made by the Realtor he will investigate prescriptive easements or if a client has expressed concern about prescriptive easements.

Let's assume the owner didn't know.

The title co is not required to report prescriptive easements not recorded against the individual parcels.

Is it possible for a potential homeowner to buy in Danville unaware of a decades old sewer main in a backyard and title insurance not applicable , CCCSD not liable, and realtor and owner not culpable....???????????????