Preliminary Title Report, Light, Air and Trees

Yesterday, at a risk management meeting with fellow real estate agents, the focus was on the Preliminary Title Report. As discussion moved to easements, since my current escrow has a light and air easement, I asked how common these are and what sorts of issues they present.

googlebooks

The attorney leading the discussion said that they are quite common and that there are many issues with them, often around trees. If you've been reading this blog, you'll know it got started with my rants encouraging people to think about mature size of redwood trees before planting, and warning of tree trouble so of course I found this interesting.

Stamen Law

Redwood trees are not the only trees that get very tall and block views.  I repeat, know the mature size of trees before you plant them, or buy property with trees on it. It's so easy these days, you can just Google the common name of the tree. Save yourself, your neighbors and the trees pain and suffering! Trees are wonderful oxygen producing, habitat and privacy creating beings and they GROW.

Plant Amnesty

If you value your view, one (expensive) way to protect it is to purchase the potential view blocking property.  Another is to purchase a light and air (and perhaps view) easement from your neighbors, which will then affect the property (and property value) until the expiration date. If there is no expiration date, it will "affect the property until such time as the owner of the property benefited by the easement were to deed back any right title and interest in that easement".

Marin Magazine

If you are ready to purchase property, and thinking maybe you'll add on someday, especially in an upward direction, you'll definitely want to be sure there are no light and air easements on your property, so review that Preliminary Title Report carefully. Your approval of it is a contingency in the contract, so you can decide not to go forward (without losing your deposit) based on what you find, but this is a short contingency, so review it asap and get answers from your title professional if you have questions.

This is also true if you are thinking of purchasing a property that you think you will plant trees on, or has trees on it already, because they may grow into the easement, and you could be required to trim or remove them. If it's too late for all this advice, Nolo Press has FAQ's, and there is at least one local attorney who has expertise with tree issues.

and then there is the Solar Shade Control Act.  Which probably merits another post, as do these other interesting light and air debates in the Mission and Trans Bay terminal zone.