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Transfer Of PropertyClosing_and_escrowMEDIUM

A buyer in a California transaction receives the preliminary title report and notices that there is an easement for a utility company across the back of the property. The buyer asks the escrow officer whether this easement can be removed before closing. The escrow officer should explain that:

Correct Answer

D) Utility easements are typically permanent and will remain on the title, appearing as an exception in the title insurance policy

Utility easements are typically permanent rights that run with the land and cannot be removed by the property owner or escrow company. They will appear as an exception on the title insurance policy, meaning the buyer takes the property subject to the easement. The buyer should review the easement to understand how it affects the property before deciding whether to proceed with the purchase.

Answer Options
A
The escrow company can file a petition with the county to remove the easement before closing
B
The buyer can purchase additional title insurance to eliminate the easement
C
The seller must remove all easements as a condition of sale under California law
D
Utility easements are typically permanent and will remain on the title, appearing as an exception in the title insurance policy

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Related Topics & Key Terms

Key Terms:

easementutility_easementtitle_exceptionpreliminary_title_report
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