Real Estate Attorney - Walnut Creek, California
The Law Office of David R. Fischer is what is called a “boutique law firm” because we only take on matters that fall into a few categories within the field of real estate law. We simply do not take every case that comes our way. If your matter is not in the area of the law that we practice, we will ask you to find a different firm to represent you. Our real estate law practice is limited to the following:
Descriptions of Our Practice Areas:
Easement Creation 
If easement documents are not properly drafted it can lead to litigation later on. When we create an easement, we try to anticipate issues that may arise in the future between the easement owner (called the “dominant tenement”) and the owner of the land over which the easement runs (called the “servient tenement”). Years of experience with easement disputes has given us the knowledge of which issues are likely to lead to future disputes if not properly addressed in the original documents.
Easement Litigation 
We have handled many matters over the years involving disputes between the easement owner (called the “dominant tenement”) and the owner of the land over which the easement runs (called the “servient tenement”). Many of these matters have resulted in litigation that we have handled for our clients. As a result of years of handling easement cases, we have developed a private index of all prominent California court opinions on easement law, which we can refer to for quick answers.
Deeds & Conveyances 
Deeds and other issues involving conveyances are also handled by our office. For example, we have represented clients in matters involving deeding property to trusts, gift deeds, the interpretation of ambiguous deeds, and preparing documents to cure errors in prior deeds.
Boundary Disputes 
Over the years we have handled many boundary dispute cases. Despite surveying instruments becoming more precise in recent years, boundary disputes are still common. A good number of boundary disputes are caused by different surveyors who measure the same line from different directions. For example, in setting the east-west running line of a property, one surveyor may measure from the north, and another surveyor may measure from the south, producing a gap or overlap between the two surveys. Ambiguous descriptions in old deeds can also cause modern-day boundary disputes. For example, an old deed may refer to a tree, fence post or other monument that has long since been removed, causing subsequent surveys to become misaligned, which leads to a boundary dispute.
Clouded Titles 
The title to real property can become clouded for many reasons. A neighbor's deed that is ambiguously worded, an old mortgage that was paid off years ago but never removed from the title, or an abandoned easement that still shows on title reports are good examples of matters that can cause a title to become clouded. We have represented clients to remove various types of clouds from the title to their real property.
Quiet Title Lawsuits
A quiet title lawsuit is often used to remove clouds from the title or to flush out claims on the title and remove them if justified. For example, we often file these types of lawsuits in easement disputes and where there is a clouded title.
Subdivision & Condominium Applications
Our law office has represented clients in front of cities, counties and other government agencies when seeking permits for major subdivisions, minor subdivisions (parcel maps) and condominium conversions.
Zoning Applications
Whether it be a zoning change, major use permit, or other zoning related entitlement, our firm has experience dealing with governmental entities on behalf of clients making these zoning‑related applications.
Variance Applications
A variance from a governmental regulation is most often granted when the applicant seeks to be able to enjoy the same privilege as others within the same zoning. For example, if every other lot on a street has a 20 foot setback, but the zoning requires a 25 foot setback, a variance would likely be granted to allow a lot owner to build with a 20 foot setback. Our firm has experience in representing clients seeking a variance from a variety of regulations. Our representation has included applying for, and later presenting evidence to support, these variance requests.
Road Maintenance Agreements & Litigation
When a road is shared by two or more property owners, a Road Maintenance Agreement is a good way to decide in advance: (1) when, and to what extent, maintenance will be performed on the road; and (2) who will pay for the maintenance and in what proportion. In order to be binding upon future owners of the parties, Road Maintenance Agreements are typically recorded with the County Recorder. There are many formulas that can be inserted into a Road Maintenance Agreement to determine how to divide-up the maintenance costs, including formulas that take into account the intensity of the uses of the parcels (commercial, residential, vacant), and the physical length of the use by a particular parcel compared with the overall length of the road. We have drafted many of these agreements over the years, and tailor them to the particular road involved. We have also represented clients in litigation concerning Road Maintenance Agreements.
Road Associations
Some roads are maintained by an association created for that purpose. Usually the Road Association was created by a Road Maintenance Agreement. Our firm has assisted several Road Associations in amending their agreements, levying assessments, obtaining insurance, and negotiating contracts with contractors.
Access Rights
Disputes over access rights can arise for a variety of reasons, such as if a parcel has no deeded access (so-called "land-locked property") or if a public street leading to a property is vacated by the city or county. We have worked with experts to try to find old documents, or uncover facts, that can show how land-locked parcels were accessed in the past, and use them to obtain access today.
Littoral Rights
Littoral rights involve waterways, such as the ocean, lakes, rivers, streams, sloughs and canals. They belong to the owner of land that fronts on a waterway. Although littoral rights involve a whole list of rights from access to fishing, the most frequent issue involves access to the water. In 2009 our office successfully represented a client, and obtained a published opinion from the California Court of Appeal, in a littoral rights case. (See Kendall v. Walker (2009) 181 Cal.App.4th 584).
Dock, Pier & Wharf Rights
The right to build a dock, pier or wharf on waterfront property is one of the recognized littoral rights that belong to that property. The published court case that our office obtained in Kendall v. Walker (2009) 181 Cal.App.4th 584 involved, among other things, the right to build a dock where a boat was being moored. We have also dealt with dock, pier and wharf issues involving the regulatory powers and permit process of the United States Army Corps of Engineers.
Water Boundaries
Water boundary issues most often involve how to project an upland property's boundary lines into an adjacent waterway, for the purpose of determining where a dock, pier or wharf can be built. This was one of the issues in the case of Kendall v. Walker (2009) 181 Cal.App.4th 584, which our firm successfully prosecuted on behalf of a client who owned land that fronted on a waterway.
Condemnation / Eminent Domain
Condemnation (also called "Eminent Domain") is when a government entity or public utility takes all or part of a person's land, or an interest in the land (such as an easement), for a public purpose. The law says that the property owner is entitled to compensation for the "taking," which often requires a court proceeding to determine the value because the government entity or public utility will frequently not offer the property owner the full value. We work with expert appraisers to advocate the highest reasonable value, and take these cases to trial if necessary. Many times in condemnation cases, we will agree to represent a property owner on a contingency fee basis.
Examples of the public projects where we have represented a landowner include: Highway 4 widening, Antioch/Oakley, CA; Los Vaqueros Reservoir pipeline, Brentwood, CA; Lone Tree Way improvements, Antioch, CA; Napa River Flood Control improvements, Napa, CA; Electric transmission line installation, Pittsburg, CA; Eighth Street improvements, Pittsburg, CA; Cirby Way widening, Roseville, CA; PG&E transmission line extension, Middletown, CA; Downtown Pittsburg Redevelopment Project, Pittsburg, CA; Pacific Gas and Electric Company gas transmission pipeline, Martinez, CA; Depot Street widening, Vacaville, CA; Public park expansion, Pittsburg, CA; Big Canyon Road drainage improvements, Lower Lake, CA; Sewer main installation, Alamo, CA; BART parking expansion, Pleasant Hill, CA; Hiking Trail expansion, Pleasant Hill, CA; Hiking Trail expansion, Concord, CA; Broddus Creek bridge project, Willits, CA; Highway 20 drainage improvements, Lucerne, CA; and Highway 242 Concord Avenue exit widening, Concord, CA.
Inverse Condemnation
Inverse Condemnation most often occurs when a government entity or a public utility takes an interest in a parcel of land, or causes damage to a property, and refuses to pay for it. Examples of cases where we have brought inverse condemnation lawsuits include: Landslide caused by street construction, Orinda, CA; Vibrations from next door public project that caused a building's foundation to crack, Concord, CA; Blocking off access to a vacant lot, Clayton, CA; Changing a "through street" into a cul-de-sac, Walnut Creek, CA; and Temporary occupation of lot during adjacent freeway work, Oakland, CA.
Preliminary Title Report Review
When an escrow is opened the title company will issue a "Preliminary Report" (commonly referred to as a "Preliminary Title Report"). We have represented many clients in the review of these reports. .
Title Insurance Claims
Sometimes a title company will incorrectly search a title to a property during escrow, and issue a title insurance policy that does not properly reflect the state of the title at the County Recorder's Office. The most common occurrence is for a title company to miss a recorded easement. Examples of cases where we have brought a claim on a title policy include: Missed access easement, Lafayette, CA; Missed encroachment easement, Vallejo, CA; and Missed pipeline easement, Brentwood, CA.
Obtaining Title Insurance
We have also represented clients in negotiations with title companies concerning the form of the issuance of title insurance that will be prepared at the close of escrow. Issues that may arise during an escrow, that involve the title insurance that will be prepared upon the closing, include: (1) Getting items on a title report either removed or changed before the escrow closes; and (2) Obtaining endorsements to the title insurance policy in order to provide greater protection for a client.
Title Transfers
Our firm represents clients in a wide variety of title transfers, including transfers among family members, transfers to change the manner in which title is held, transfers to a family partnership or limited liability company, and partial transfers of land between neighbors to adjust a boundary line (called a "Lot Line Adjustment").
Encroachment Litigation
Sometimes it will be discovered that the improvements on one lot will encroach over the property line onto the adjacent lot. We have had cases where we have represented the owner of the encroaching improvements, and other cases where we have represented the owner of the property that is being encroached upon.
Encroachment Solutions
When the improvements from one property encroach onto an adjacent property, we will often try to reolve the matter without litigation. Encroachment cases often are resolved by creating an easement and/or performing a Lot Line Adjustment to move the boundary line so that each owners' improvements are on that owner's respective lot.
Covenants, Conditions & Restrictions
"Covenants, Conditions & Restrictions" (also called "CC&Rs") is the name of a document recorded against the title to two or more parcels of real estate. CC&Rs can deal with a variety of issues that may arise among the properties described in the document, including uses (what can, and cannot, be done of the property), joint use of certain areas (such as roads, walkways, or hallways in a building), assessments to maintain something (such as a road or the exterior of a condominium), creation of an enforcement entity (such as a Homeowners' Association), and methods to enforce non-compliance. Most often CC&Rs are created for a new project (such as a subdivision or a condominium project). However, they can also be created for a repurpose project (such as a condominium conversion) or just between existing property owners. We have experience in drafting CC&Rs in a variety of situations. We also have represented both Homeowners' Associations and property owners in disputes involving CC&Rs.
Commercial Lease Drafting
The drafting of Commercial Leases is a large part of our practice. Not only are we familiar with the most common forms available, we also have drafted many leases "from scratch" when a standard form will not fit a particular situation.
Purchase Agreements
We have represented clients by either drafting a real property Purchase Agreement, or reviewing a Purchase Agreement drafted by the attorney or Broker for the other side in the transcation.
Trespass Lawsuits
In general terms, a trespass occurs when someone enters the land of another without the owner's permission. The entry can be intentional, reckless or negligent. Entry can be on, above, or below the surface of the land, and may occur indirectly, such as by causing vibrations that damage the land or structures or other improvements on the land. Trespass issues can arise in many different situations. For example, when the owner of an easement uses land outside the boundaries of the easement, or starts using the easement for purposes that are not allowed by the terms of the easement, a claim for trespass can arise. Another example would be when a neighbor places an object on the owner's land. Heavy construction on adjacent property can also give rise to a trespass claim, as noted above with regard to vibrations. We have brought trespass claims on behalf of clients, as well as defended trespass claims that have been brought against our clients.
Geographical Areas in which we Practice:
CONTRA COSTA COUNTY, CALIFORNIA:
Alamo •
Alhambra Valley •
Antioch •
Bay Point •
Bethel Island •
Blackhawk •
Brentwood •
Byron •
Canyon •
Clyde •
Clayton •
Concord •
Crockett •
Danville •
Diablo •
Discovery Bay •
El Cerrito •
El Sobrante •
Hercules •
Kensington •
Knightsen •
Lafayette •
Martinez •
Moraga •
Morgan Territory •
Oakley •
Orinda •
Pacheco •
Pinole •
Pittsburg •
Pleasant Hill •
Port Costa •
Rodeo •
Rossmoor •
San Ramon •
Saranap •
Tassajara •
Walnut Creek
NAPA COUNTY, CALIFORNIA:
Aetna Springs •
American Canyon •
Angwin •
Calistoga •
Capell Valley •
Chiles Valley •
Deer Park •
Lake Berryessa •
Mt. Veeder •
Napa •
Oakville •
Pope Valley •
Rutherford •
St. Helena •
Spanish Flat •
Yountville
SOLANO COUNTY, CALIFORNIA:
Benicia •
Birds Landing •
Collinsville •
Cordelia •
Dixon •
Elmira •
Fairfield •
Green Valley •
Mankas Corner •
Rio Vista •
Rockville •
Suisun City •
Vacaville •
Vallejo •
Wooden Valley
SONOMA COUNTY, CALIFORNIA:
Annapolis •
Bodega •
Bodega Bay •
Boyes Hot Springs •
Camp Meeker •
Cazadero •
Cloverdale •
Cotati •
Duncans Mills •
El Verano •
Eldridge •
Forestville •
Freestone •
Fulton •
Geyserville •
Glen Ellen •
Graton •
Guerneville •
Healdsburg •
Jenner •
Kenwood •
Monte Rio •
Occidental •
Penngrove •
Petaluma •
Rio Nido •
Rohnert Park •
Santa Rosa •
Sea Ranch •
Sebastopol •
Sonoma •
Stewarts Point •
Valley Ford •
Villa Grande •
Vineburg •
Windsor
MARIN COUNTY, CALIFORNIA:
Belvedere •
Bolinas •
Corte Madera •
Dillon Beach •
Fairfax •
Forest Knolls •
Greenbrae •
Inverness •
Lagunitas •
Larkspur •
Marshall •
Mill Valley •
Nicasio •
Novato •
Olema •
Point Reyes Station •
Ross •
San Anselmo •
San Geronimo •
San Rafael •
Sausalito •
Stinson Beach •
Tiburon •
Tomales •
Woodacre
MENDOCINO COUNTY, CALIFORNIA:
Albion •
Boonville •
Branscomb •
Calpella •
Caspar •
Comptche •
Covelo •
Dos Rios •
Elk •
Fort Bragg •
Gualala •
Hopland •
Laytonville •
Leggett •
Little River •
Manchester •
Mendocino •
Navarro •
Philo •
Piercy •
Point Arena •
Potter Valley •
Redwood Valley •
Talmage •
Ukiah •
Westport •
Yorkville •
Willits
LAKE COUNTY, CALIFORNIA:
Clearlake •
Clearlake Oaks •
Clearlake Park •
Clearlake Riviera •
Cobb •
Finley •
Glenhaven •
Hidden Valley Lake •
Kelseyville •
Lake Pillsbury •
Lakeport •
Loch Lomond •
Lower Lake •
Lucerne •
Middletown •
Nice •
Soda Bay •
Upper Lake •
Witter Springs
YOLO COUNTY, CALIFORNIA:
Brooks •
Capay •
Clarksburg •
Davis •
Dunnigan •
Esparto •
Guinda •
Knights Landing •
Madison •
Monument Hills •
Plainfield •
Rumsey •
West Sacramento •
Winters •
Woodland •
Yolo •
Zamora
NEVADA COUNTY, CALIFORNIA:
Alta Sierra •
Boca •
Cedar Ridge •
Floriston •
French Corral •
Graniteville •
Grass Valley •
Kingvale •
Lake of the Pines •
Lake Wildwood •
Nevada City •
Norden •
North Bloomfield •
North San Juan •
Penn Valley •
Rough and Ready •
Soda Springs •
Truckee •
Washington
PLACER COUNTY, CALIFORNIA:
Alta •
Applegate •
Auburn •
Baxter •
Blue Canyon •
Carnelian Bay •
Colfax •
Dollar Point •
Dutch Flat •
Emigrant Gap •
Foresthill •
Granite Bay •
Kings Beach •
Kingvale •
Lincoln •
Loomis •
Meadow Vista •
Newcastle •
North Auburn •
Northstar •
Ophir •
Olympic Valley •
Penryn •
Rocklin •
Roseville •
Sheridan •
Tahoe City •
Tahoe Vista •
Tahoma •
Weimar
SACRAMENTO COUNTY, CALIFORNIA:
Antelope •
Arden-Arcade •
Carmichael •
Citrus Heights •
Clay •
Courtland •
Elk Grove •
Elverta •
Fair Oaks •
Florin •
Folsom •
Foothill Farms •
Franklin •
Freeport •
Fruitridge Pocket •
Galt •
Gold River •
Herald •
Hood •
Isleton •
La Riviera •
Lemon Hill •
Locke •
Mather •
McClellan Park •
North Highlands •
Orangevale •
Parkway •
Rancho Cordova •
Rancho Murieta •
Rio Linda •
Rosemont •
Sacramento •
Vineyard •
Walnut Grove •
Wilton
SAN JOAQUIN COUNTY, CALIFORNIA:
Acampo •
Atlanta •
August •
Banta •
Collierville •
Dogtown •
Escalon •
Farmington •
French Camp •
Garden Acres •
Kennedy •
Lathrop •
Linden •
Lockeford •
Lodi •
Manteca •
Morada •
Mountain House •
Peters •
Ripon •
Stockton •
Terminous •
Thornton •
Tracy •
Vernalis •
Victor •
Waterloo •
Woodbridge