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Property DescriptionHARD11.8% of exam

A commercial site has access only through a private road that crosses neighboring property. This access is documented by a recorded easement. How does this affect the site's marketability?

Correct Answer

B) May affect marketability; analyze access terms and market evidence

Investigate the easement’s actual beneficiaries, scope, access adequacy, maintenance obligations and relevant market response. Recording documents a claimed legal right but does not by itself establish adequate practical access or buyer acceptance. A private road can have benefits or burdens; neither universal unmarketability nor zero effect is justified.

Answer Options
A
Makes the property unmarketable to buyers despite the recorded easement
B
May affect marketability; analyze access terms and market evidence
C
Increases value due to the added privacy of a private road
D
No effect since access is legally secured by the recorded private-road easement

Why This Is the Correct Answer

Investigate the easement’s actual beneficiaries, scope, access adequacy, maintenance obligations and relevant market response. Recording documents a claimed legal right but does not by itself establish adequate practical access or buyer acceptance. A private road can have benefits or burdens; neither universal unmarketability nor zero effect is justified.

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