Las Lomitas (Danville, CA)
By Gary Ginsberg
(Area Pro Realty NorCal)
I had another meeting with CCCSD over the backyard sewer mains in the Las Lomitas subdivision in Danville CA. This affects 50 homes. I was informed that in response to my efforts the district is contemplating a proposal for a special assessment that would put the sewer main where it belongs..at the street! This was estimated at cost of about 1.1 M $ I believe the cost per owner is negligable compared to the enhancement in value and utility in return. These lots are almost all .25 acres and moving the sewer would enable owners to improve these homes and make them more competitive with surrounding neighborhoods.  
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By Gary Ginsberg
(Area Pro Realty NorCal)
According to latest on discussed Danville,CA prescriptive easement of backyard sewer main, my source at Landamerica Commonwealth informs me the CCCSD resolution amendment indeed shows in the public record on each of the listed parcel #'s. I have not personally confirmed this but if true my thank you to the responsible parties at CCCSD. I don't really know if my letter to First American precipitated this chain of events. I do know that the positive results were achieved without lawyers or acrimony. CCCSD acted as a responsible party within the constraints of the situation. Prescriptive easements are grey area in real estate. No public record usually exists of these easements, even when it's a sewer main in the backyard when most sewer mains are at the street. This amendment in the public...
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By Gary Ginsberg
(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 ter...
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By Gary Ginsberg
(Area Pro Realty NorCal)
Danville, CA 94526 Issue: Sewer MainA 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 no disclosure was made of sewer main or easement for sewer main through middle of backyard. See exhibit 1.  1991 Preliminary title report issued by Firs...
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