Escrow & Title

A Mississippi buyer purchases property and later discovers an unrecorded easement used by a neighboring farmer for decades. The buyer may be bound by this easement if:

AOnly if the buyer received the deed with the easement described
BThe easement was visible or known to the buyer at the time of purchase (inquiry notice or actual notice)✓ Correct
CThe easement was recorded at any point in history
DThe neighboring farmer paid for the easement

Explanation

Even unrecorded easements can bind subsequent purchasers if the purchaser had actual knowledge, or if the use was open, visible, and apparent (putting the buyer on inquiry notice). Under Mississippi's race-notice statute, visible uses require further inquiry before purchasing.

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