By this time my agent and I had dropped the sale price on the property more than seven times, decreasing the sale price more than $750,000. The loss of the private entrance through residential property leaving only a legal entrance through a commercial winery, which included the manufacturing facility and tasting room, was the single largest deterrent in the sale of the property. Traffic and noise from the vineyard operation, commercial manufacturing of the wine, and the constant flow of tourists to the tasting room and for special events were major objections of all potential buyers.
May 1, 2009 the appraiser from Boise Idaho completes his appraisal determining that perfecting the prescriptive easement to Cavedale Road in Sonoma County can be substituted for perfecting the easement to Mount Veeder Road in Napa County and valued the "Cost to Cure" at $13,500.
I wrote a response of almost 30 pages correcting errors and misinformation in the appraisal and providing additional documentation and comparable properties demonstrating that the loss was in excess of the insurance policy amount of $650,000.
On June 15, 2009 the Third Claims Counsel from to the Sonoma County Manager of Fidelity National Title Company and another Fidelity employee, "I'll call Ann and advise her that I'm waiting for Mr. Gibson to provide a written response to his review of the information Ann submitted in an attempt to increase the loss amount indicated in his original DIV report. I really need to discuss options 1 & 2 with you because Ann is asking me if we have acted on either of these options." (Note Option #1 was regaining Parcels 2 -5 and Option #2 was obtaining another residential easement from Mount Veeder Road.)
This email prompted the first investigation (a year after the problem arose) of the validity of the easement described as Parcels 2, 3, 4 and 5.
In the meantime the appraiser from Boise Idaho did respond to my response to his appraisal with what I felt was even more false and misleading data.
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