Escrow & Title
A Vermont buyer discovers that a property has a 'prescriptive easement' used by a neighbor for 20 years to cross the property. This easement:
ADoes not exist without a written agreement
BMay be a valid legal easement that runs with the land, affecting the buyer's use of the property✓ Correct
CExpired when the property sold
DCan be removed by the buyer immediately after closing
Explanation
Prescriptive easements in Vermont arise from open, notorious, hostile, continuous, and uninterrupted use for the statutory period (15 years). Once established, a prescriptive easement runs with the land and binds subsequent owners. Buyers should investigate and disclose any potential prescriptive easements.
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