How can the presence of an easement be beneficial to marketability?

The presence of an easement can enhance marketability when it is beneficial and visible because such characteristics can add value to the property, making it more attractive to potential buyers. Beneficial easements, such as those allowing access to a waterfront or rights-of-way that enhance the utility of a property, can increase the overall desirability of the property.

Visibility also plays a significant role—if an easement is obvious and allows for mutually beneficial use, potential buyers can easily understand its advantages and how it can improve their enjoyment or use of the property. This clarity can lead to a stronger market interest. For example, a visible trail easement for recreational purposes that adds to the property’s appeal can make it more attractive compared to properties without such an easement.

In contrast, the other options touch upon important aspects of easements but do not directly address how their beneficial and visible nature specifically enhances marketability. Recording in public documents provides legal notice but does not inherently add value or desirability. Providing notice by the seller can build transparency, but the real appeal lies in the benefits and visibility of the easement itself. Waiving rights by the buyer does not contribute to the easement’s positive market impact, rather, it may diminish the buyer's position