Which of the following is an example of a latent defect in title that cannot be discovered by inspection?

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Multiple Choice

Which of the following is an example of a latent defect in title that cannot be discovered by inspection?

Explanation:
Latent defects in title are burdens that attach to the land and survive ownership, but aren’t visible just by looking at the property. They require a title search or examination of deeds to uncover. Neighbour disputes can reflect such hidden rights or obligations that burden the land, like an easement, right of way, or a party-wall arrangement. These issues may exist even when the property appears fine on inspection and aren’t apparent from a quick look around. They arise from the title history or prior agreements and only show up when you review the legal documents that run with the land, making them latent defects in title. By contrast, a hidden structural fault is a physical defect in the building and can often be detected through inspection or a professional survey. Unpaid service charges are financial obligations tied to leasehold ownership and aren’t a latent title defect in the same sense. An unregistered lease is a potential title concern, but it would typically be revealed by proper conveyancing searches rather than remaining entirely undiscoverable by inspection.

Latent defects in title are burdens that attach to the land and survive ownership, but aren’t visible just by looking at the property. They require a title search or examination of deeds to uncover.

Neighbour disputes can reflect such hidden rights or obligations that burden the land, like an easement, right of way, or a party-wall arrangement. These issues may exist even when the property appears fine on inspection and aren’t apparent from a quick look around. They arise from the title history or prior agreements and only show up when you review the legal documents that run with the land, making them latent defects in title.

By contrast, a hidden structural fault is a physical defect in the building and can often be detected through inspection or a professional survey. Unpaid service charges are financial obligations tied to leasehold ownership and aren’t a latent title defect in the same sense. An unregistered lease is a potential title concern, but it would typically be revealed by proper conveyancing searches rather than remaining entirely undiscoverable by inspection.

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