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Which of the following would fail to have title free and clear?

A) Encumbrance
B) Failing to pay off current loan
C) Encroachment
D) Utility box

User UniversE
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1 Answer

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Final answer:

An encumbrance, failing to pay off a current loan, and encroachment are conditions that could make a property title not free and clear. A utility box typically does not affect a title's status.

Step-by-step explanation:

The question relates to real estate and is concerned with situations where someone may not have a clear title to property. A clear title is a title without legal questions about the ownership of the property. Here are the options explained:

  • Encumbrance: This is a right or interest in the property by someone other than the owner, which could limit the owner's use and enjoyment of the property or reduce its value. Common examples include mortgages, liens, or easements.
  • Failing to pay off current loan: If the current loan on the property is not paid off, the lender maintains an interest in the property in the form of a lien. This means the title to the property is not 'free and clear' because the owner is still obligated to pay off the debt.
  • Encroachment: This occurs when a structure from a neighboring property extends onto the property in question. Encroachments can complicate ownership rights and affect the title's clarity.
  • Utility box: Typically, a utility box present on the property wouldn't affect the title's status unless it is part of some larger legal issue.

Therefore, the items that could cause a title to not be free and clear include an encumbrance, failing to pay off a current loan, and an encroachment. A utility box on its own does not affect the clearness of a title.

User Tdenniston
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