Buying a home in Pleasanton Valley or the Oakland–Hayward–Berkeley area comes with a lot of documents, and the preliminary title report is one that can make or break your confidence. You want to know exactly what you’re buying, what the title company will insure, and what could limit your future plans. In this guide, you’ll learn how to read a prelim, what to watch for in Alameda County, and the practical steps to protect your purchase. Let’s dive in.
What a preliminary title report shows
A preliminary title report, often called a “prelim” or “title commitment,” is the title company’s summary of the property’s title status as of a specific effective date. It is a commitment to issue a title insurance policy if certain requirements are met and listed exceptions remain unchanged. It is not the final policy, but it explains what the insurer will and will not cover.
Most reports follow a similar structure:
- Schedule A includes the basics: policy type (owner’s and/or lender’s), proposed insured amount, effective date, current owner’s name (vesting), and the legal description of the property.
- Schedule B - Requirements (B-I) lists what must be done before the policy will be issued, such as paying off liens, recording deeds, or providing affidavits and other documents.
- Schedule B - Exceptions (B-II) lists recorded matters that will not be covered unless they are removed or addressed with endorsements. Common examples include easements, CC&Rs, taxes not yet due, and utility rights-of-way.
A few terms you’ll see often:
- Vesting: how the current owner holds title (for example, individuals, joint tenants, community property, trust, or a company). This affects the transfer process.
- Deed of trust/mortgage: a recorded lien securing a loan. Active deeds of trust typically must be paid off at closing.
- Encumbrance: a claim or interest in the property that affects title or use. This includes liens, easements, and CC&Rs.
- Easement: a right for another party to use part of the land for a specific purpose, like access or utilities.
- CC&Rs: Covenants, Conditions, and Restrictions that govern property use and maintenance, often recorded by developers or HOAs.
- Mello-Roos/special assessments: extra tax obligations from community facilities districts in some neighborhoods, often appearing in the tax records and sometimes noted in the prelim.
Title insurance basics you should know
Most buyers obtain two policies at closing: a lender’s policy required by the lender to protect its interest, and an owner’s policy that protects you against covered title defects that existed at the policy date and were not excepted in the prelim. Title insurance typically does not cover issues that arise after the policy date.
You can often expand coverage with endorsements. Common options include access endorsements, survey-related protections, or limited coverage over certain recorded items. Endorsements cost extra and should be requested early.
How to read your prelim in minutes
Use this quick process to understand your report fast:
Confirm the basics in Schedule A. Check the current owner’s name, the legal description, and the effective date. Make sure the facts match the seller’s representations and the purchase contract.
Review the Requirements (B-I). Identify any liens or recorded matters that must be cleared before close. Typical items include payoff of mortgages, recorded releases, death certificates, or other documentation.
Scrutinize the Exceptions (B-II). These are ongoing limitations to coverage. Look for easements, CC&Rs, rights-of-way, and taxes not due. Note anything that could affect your use of the property or plans for improvements.
Ask for copies of every referenced document. Request the actual recorded instruments, not just a summary line on the report. Read them with your agent and the title officer.
Discuss endorsements early. If an exception concerns you, ask whether an endorsement can narrow your risk. For survey-related concerns, consider ordering a survey or requesting a survey endorsement.
Common East Bay findings that matter
Alameda County properties, including Pleasanton Valley and the Oakland–Hayward–Berkeley corridor, share several recurring title patterns. Here is what you are most likely to see and why it matters.
Utility easements (PG&E, EBMUD)
It is common to see recorded easements for gas, electric, and water lines. These areas often restrict structures, grading, or deep planting and allow utility access for maintenance. A broad utility easement that crosses a rear yard could impact plans for additions, a pool, or hardscaping. Ask for the recorded map or description and confirm exact locations.
Private road easements and maintenance
Older subdivisions, rural pockets, and some hillside or large-lot areas may rely on private streets or shared driveways. Recorded agreements usually assign maintenance responsibilities and cost sharing among owners. These obligations can lead to special assessments for repairs. Request the agreement and any recent invoices or reserve information.
CC&Rs and HOA obligations
Many East Bay communities have CC&Rs and active associations. The prelim will list CC&Rs of record, but you should obtain the full set plus an HOA estoppel or disclosure package to understand assessments, pending litigation, and any special assessments. Review restrictions on exterior modifications, rental policies, parking rules, and maintenance obligations.
Taxes and Mello-Roos
Annual county property taxes and any unpaid or supplemental taxes will appear in the title package. In newer master-planned communities, Mello-Roos or other special assessments may apply. Confirm the amounts and duration with county tax records and make sure the ongoing costs fit your budget.
Drainage and creek-related easements
Lots near creeks or flood-control channels often show drainage easements or creek setbacks. In Pleasanton area neighborhoods near features like Arroyo de la Laguna, these can limit buildable areas and require permits for certain work. Understand the footprint before finalizing improvement plans.
Liens beyond mortgages
Judgments, tax liens, child support liens, and mechanic’s liens can appear. Mechanic’s liens are more likely after recent renovations or additions. These typically must be paid off or released before close since they are material title risks.
Older reservations or corridors
On some older parcels, you may see mineral reservations or references to former railroad or utility corridors. These typically stay as exceptions, but your title officer can help you understand practical impacts.
Red flags and what to do next
A few items deserve immediate attention and a plan:
- Unreleased or old deeds of trust in the seller’s name. The title company will typically require payoff or a recorded reconveyance before close.
- Recorded mechanic’s liens from recent construction. Require payoff or a release before you remove contingencies.
- Private road agreements with unclear costs. Request the full agreement, recent invoices, and any planned repair schedules. Ask for credits or prorations if major work is ahead.
- Large utility easements cutting across yards or near planned improvements. Obtain the recorded document, consider a survey, and discuss endorsements with the title officer.
- CC&R provisions that restrict your intended use. Review the full CC&Rs and amendments. Align your plans with recorded rules before moving forward.
- Tax delinquencies or supplemental bills not disclosed by the seller. Confirm with the county tax collector and plan for payment or resolution.
Endorsements, surveys, and practical solutions
Most title issues resolve with standard steps:
- Payoff at closing. Mortgages, judgments, and many liens are cleared by escrow once payoff funds are disbursed and releases are recorded.
- Recorded releases or reconveyances. The title company will require proper documentation before issuing the owner’s policy.
- Endorsements to expand coverage. Ask about access endorsements, survey-related endorsements, or limited coverage over certain recorded items. Costs vary by endorsement and must be requested.
- Surveys and inspections. If the prelim includes a survey exception or you plan additions, a boundary or ALTA survey can verify improvements and easement locations. A survey can also surface encroachments that do not appear in recorded documents.
- HOA estoppel. Obtain written confirmation of assessments, special assessments, and litigation status from the association or manager.
- Negotiation with the seller. For material defects, ask the seller to cure issues before close, escrow funds for resolution, or credit you for risk.
Timing: when and who to involve
The prelim is typically prepared shortly after escrow opens. Review it right away, not at the end of your contingency period. Schedule time with your agent and the title officer early. For complex items like disputed easements, unclear boundaries, or unresolved liens, consider bringing in a real estate attorney or a licensed land surveyor.
Buyer checklist for Pleasanton Valley and Oakland–Hayward–Berkeley
Use this list to stay organized:
- Obtain the full preliminary title report as soon as escrow opens.
- Have your agent and the title officer walk you through Schedule A and all Schedule B items.
- Request copies of every recorded document cited in the exceptions.
- Flag utility, private road, drainage, or creek-related easements and confirm locations and restrictions.
- If there is a survey exception or you plan improvements, order a survey or request a survey endorsement.
- Confirm property tax status, any supplemental bills, and any Mello-Roos or special assessments with the county.
- If recent construction occurred, ask the seller for lien waivers and ensure no mechanic’s liens remain.
- Obtain the full CC&Rs and an HOA estoppel to confirm assessments and pending projects.
- Discuss owner’s title insurance and any endorsements you may need.
- Do not remove title-related contingencies until your questions are answered.
Local records and who to call
In Alameda County, you can verify and clarify many items with the right contacts:
- Alameda County Recorder: recorded deeds, liens, easements, CC&Rs, and agreements.
- Assessor and Treasurer-Tax Collector: tax status, supplemental assessments, and special taxes.
- City of Pleasanton Planning/Public Works and local Flood Control Districts: creek setbacks, drainage easements, and right-of-way rules.
- EBMUD and PG&E: typical holders of water, gas, and electric easements; ask for maps or records of lines and access rights.
- Title company/title officer: your primary resource to interpret requirements, exceptions, and potential endorsements.
- Real estate attorney or licensed land surveyor: for complex liens, easement interpretation, and boundary or encroachment questions.
Final thoughts
A clear preliminary title report gives you confidence and leverage. By reading the report early, requesting the underlying documents, and asking the right questions, you reduce surprises and protect your plans for the property. If a recorded item affects your use or budget, there is usually a practical path forward through payoffs, releases, endorsements, surveys, or negotiation.
If you want seasoned, local guidance as you review a prelim in Pleasanton Valley or the Oakland–Hayward–Berkeley area, reach out to Jill Fusari. Jill offers curated buyer representation across the East Bay and a relationship-first approach that helps you move from offer to close with confidence.
FAQs
What is a preliminary title report in Alameda County?
- It is a title company’s commitment to insure title if requirements are met, summarizing current ownership, liens, easements, and exceptions that limit coverage.
What is the difference between requirements and exceptions?
- Requirements must be satisfied before the policy issues, while exceptions are ongoing limits to coverage unless removed or addressed with endorsements.
How do private road maintenance agreements affect my costs?
- They can allocate repair and upkeep expenses among owners, which may lead to ongoing fees or special assessments for larger projects.
Can I build a pool if there is a utility or drainage easement?
- It depends on the easement’s location and restrictions; get the recorded document, confirm exact boundaries, and consult your title officer and a surveyor if needed.
Do I need an owner’s title policy if my lender has one?
- Yes, the lender’s policy protects the lender’s interest, while an owner’s policy protects you against covered defects that existed at the policy date and were not excepted.
When should I order a survey in the East Bay?
- Order a survey if the prelim lists a survey exception, you plan additions or a pool, or there are broad easements or potential boundary or encroachment concerns.
