Escrow & Title
A Mississippi property's title has a 'prescriptive easement' used by a neighboring landowner for many years but never recorded. At closing, the settlement agent discovers evidence of this use. The buyer should:
AProceed since unrecorded easements are not valid
BInvestigate the potential prescriptive easement with their attorney before closing, as it could affect use and value✓ Correct
CSimply accept the title and deal with the neighbor later
DRequire the title insurer to remove the exception
Explanation
Prescriptive easements can arise from long-term use without recording. Evidence of regular use by a neighbor should be investigated before closing — if a court would recognize the prescriptive easement, it could significantly affect the buyer's use of the property.
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Key Terms to Know
Easement
A non-possessory right to use another person's land for a specific purpose.
Title InsuranceInsurance protecting against financial loss from defects in a property's title that existed before closing but were unknown at the time of purchase.
Abstract of TitleA condensed history of a property's title, summarizing all recorded documents and encumbrances affecting it from the earliest record to the present.
ProrationThe division of ongoing property expenses (taxes, HOA dues, rents) between buyer and seller at closing based on their respective days of ownership.
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