What types of encumbrances usually do not affect marketable title?

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Prepare for the Real Estate Transactions Exam. Study with comprehensive questions, detailed hints, and explanations to enhance your knowledge and pass the exam with ease. Get exam-ready today!

Public easements, such as those for streets and sidewalks, typically do not affect marketable title because they are established for the benefit of the public. These types of encumbrances are recognized as part of public infrastructure and do not hinder the ability to transfer ownership or the value of the property. They are usually recorded in public records, making potential buyers aware of the limitations imposed by these easements, but they do not detract from the overall marketability of the title.

In contrast, other options may have an impact on marketability. For example, liens that are close to expiry could create uncertainty for potential buyers, as they may not be aware of whether these liens could be enforced before the expiry. Private easements can also complicate the use of the property, potentially deterring buyers who may be concerned about access rights or restrictions. Existing mortgages represent a financial obligation tied to the property, which can impact its marketability since buyers usually prefer clear and unencumbered titles when considering a purchase.

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