Question

A property owner has agreed to allow a shopping mall access across her private road in order to allow shopping mall customers to get from the shopping mall parking lot to the street. Based on the fact pattern, what easements need to be prepared and what encumbrances should also be prepared?

Answer 1

Answer /Explanation:

To answer this question, we need to consider some terms used in the narrative of the question:

Fact pattern : A fact pattern can be described as a situation that describes in summary the accurate description or situation of what has happened or is happening.

Easement: This can be refereed to as an acquired right to pass through or use someone else property for a specified purpose.

Encumbrances: This can be described as an authority or right to claim a property that is not initially the acquiring party own.

With the understanding we now have of the above terms, the encumbrance that should be prepared here is an encumbrance certificate which will contain all the intended transactions relating to the property owner allowing a shopping mall access cross her private road for a certain period usually between 10 to 15 years.

We should also note that the encumbrance can either be financial or non financial.