Property Ownership
An Indiana property owner discovers an easement was granted by a previous owner that was not disclosed at purchase. Their remedies may include:
ANone — all easements are automatically disclosed
BA claim against the title company under the owner's title insurance policy if the easement predated purchase✓ Correct
CRemoval of the easement automatically
DA claim against the county recorder for not maintaining accurate records
Explanation
An undisclosed easement that predated the purchase is a title defect. An owner's title insurance policy would potentially cover this — providing either defense against the easement claim or compensation for the diminished value.
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