Which of the following is an example of a patent defect in title that can be discovered on inspection?

• A. Neighbour access rights over the garden.
• B. A latent structural defect.
• C. An unknown right of way not visible.
• D. A hidden easement not disclosed by inspection.

Answer: (B)

Patent defects are issues that are evident from looking at the property and its surroundings; they can be discovered by reasonable inspection without needing investigations into title deeds. An example is a neighbor’s right of access over the garden that is physically apparent on site—such as a visible path or gate used for that access—because you can see it while inspecting the property. The other scenarios describe problems that are hidden or not visible on inspection: a latent structural defect is inside the structure and not detectable just by looking around, an unknown right of way not visible isn’t observable on inspection, and a hidden easement not disclosed by inspection also isn’t something you’d uncover by sight. So the patent defect you can discover by inspection is the neighbor’s visible access right over the garden.