Escrow & Title

An Alaska title company's preliminary commitment shows an exception for 'any claim due to the rights of parties in possession not shown by public records.' This exception warns the buyer to:

AIgnore any occupants since they have no legal rights
BPhysically inspect the property to determine if any unrecorded occupants or claimants might have rights not shown in the title records✓ Correct
CHire an attorney to review only the recorded documents
DAccept this exception since it is standard and applies to all properties

Explanation

This standard exception puts the buyer on notice that persons physically occupying the property (such as tenants or adverse possessors) may have rights not appearing in the public records. A physical inspection of the property is needed to identify any parties in possession whose rights could affect the buyer's title.

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