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During settlement, the purchaser's solicitor discovers an unregistered easement affecting the property that was not disclosed in the contract. What is the most likely outcome?

Correct Answer

B) The purchaser may be able to claim compensation or terminate the contract

An undisclosed easement constitutes a material defect in title that the vendor has failed to disclose. The purchaser typically has the right to seek compensation for the diminished value or terminate the contract due to the vendor's breach of disclosure obligations.

Answer Options
A
Settlement must go ahead as scheduled because the easement is not registered
B
The purchaser may be able to claim compensation or terminate the contract
C
The vendor must have the easement removed from the land before settlement
D
Settlement is automatically delayed by thirty days while the issue is checked

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Related Topics & Key Terms

Key Terms:

easementdisclosurevendor obligationstitle defectspurchaser remedies
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