Escrow & TitleIntermediateAlabama Exam

In Alabama, which of the following encumbrances would NOT be discovered through a title search?

AA recorded mortgage
BAn unrecorded easement established by useCorrect
CA tax lien
DA recorded judgment, under standard practice

Why An unrecorded easement established by use Is Correct

Answer B: An unrecorded easement established by use

An unrecorded easement established by use (prescriptive easement) would not appear in public records and would not be discovered through a title search. This is one reason why a physical inspection of the property is 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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