Escrow & Title
A Minnesota title company discovers a 30-year-old recorded easement for 'ingress and egress to the lake' running across the back of a property being sold. How does this easement affect the title?
AIt has expired since it is over 25 years old
BIt remains as an encumbrance on the title and must be disclosed to the buyer✓ Correct
CIt is automatically extinguished when the property is sold
DOnly the current owner has the right to use the easement
Explanation
Recorded easements in Minnesota do not expire simply because of age. The easement remains as an encumbrance (cloud on title) and runs with the land. The title company will list it as an exception in the title commitment and insurance policy. The buyer must be informed of all easements affecting the property. Lake access easements are common in Minnesota's lake country.
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