Escrow & Title
A Virginia property's title shows a 'prescriptive easement' held by a neighbor who has used a path across the property for 20 years. This easement:
AExpires when the neighbor moves
BRuns with the land and must be disclosed as an encumbrance affecting the property✓ Correct
CCan be removed by recording a deed
DIs not a real property interest
Explanation
A prescriptive easement acquired through continuous, hostile, open use for 15+ years is a real property right. It runs with the land and must be disclosed as an encumbrance affecting marketability.
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Key Terms to Know
Deed
A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
EasementA non-possessory right to use another person's land for a specific purpose.
EncumbranceAny claim, lien, charge, or liability attached to real property that affects its value or limits its use.
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.
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