Escrow & TitleIntermediateAlabama Exam

Which of the following encumbrances would NOT be revealed by a title search?

AA recorded mortgage
BAn unrecorded easement by prescriptionCorrect
CA filed judgment lien
DA recorded deed restriction, in general

Why An unrecorded easement by prescription Is Correct

Answer B: An unrecorded easement by prescription

An unrecorded prescriptive easement acquired through open, continuous, hostile use over time would not appear in a title search of public records. This is one reason why a physical survey and title insurance are important.

Exam Tip: Escrow & Title

Escrow questions test the neutral third-party role and the sequence of closing events. Remember that the escrow agent acts as a dual agent for both buyer and seller and cannot advocate for either side.

Key Escrow & Title Terms in This Question

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