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Transfer Of PropertyDeeds_and_titleHARD

A title officer in California is reviewing a property's chain of title and discovers several potential issues. Which of the following would NOT typically be covered by a CLTA standard owner's title insurance policy?

Correct Answer

C) An unrecorded easement claimed by a neighbor who has been using a pathway across the property

An unrecorded easement based on use (a prescriptive easement or implied easement) is an off-record matter that is NOT covered by a standard CLTA policy. CLTA policies cover recorded matters and certain specified risks, but they exclude unrecorded interests, rights of parties in possession, and survey matters. An ALTA extended policy would be needed for this coverage.

Answer Options
A
A forged deed in the chain of title from 15 years ago
B
A recorded judgment lien against a prior owner that was not released before the sale
C
An unrecorded easement claimed by a neighbor who has been using a pathway across the property
D
An error in the legal description recorded at the county recorder's office

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Related Topics & Key Terms

Key Terms:

CLTAtitle_insuranceunrecorded_easementpolicy_exclusionsreverse_question
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