Property Ownership

A Wisconsin buyer purchases a property and later discovers a prescriptive easement used by a neighbor for 20 years. This easement:

AIs extinguished automatically upon sale of the burdened property
BWas likely not shown on the title commitment but is still valid✓ Correct
CMust be recorded to be enforceable
DOnly applies if the neighbor paid for it

Explanation

Prescriptive easements arise through long, open, hostile use without the owner's permission and do not need to be recorded to be valid. They are an encumbrance that title insurance may not cover if not discovered in a survey.

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