There are prescriptive easements, but you never want to buy a piece of property hoping to apply a prescriptive easement.
This is one question we might raise when we look at a survey, which will show what is affecting the property visually. Typically, a mortgage location survey is ordered to show any issues that are affecting the property visually.
Even with a mortgage survey, we will ask the title company to remove the standard exception that is in the title policy on surveys. There is a standard exception that basically says it could have been foreseen by a valid survey and it is excepted from the policy. If there is a problem you could have seen in a survey, then the title company doesn’t cover you, but if we get it removed from the title policy, you could be insured for it.
It is very important that you have a skilled lawyer involved in this part of the transaction. Most people often don’t know or don’t understand the importance of this.
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