Which of the following statements accurately describes marketable title?

Prepare for the Real Property Multistate Bar Exam with detailed quizzes, flashcards, and multiple choice questions. Each question includes hints and explanations to help you understand key concepts and excel in your test!

Marketable title is best understood as a title that carries a presumption of validity, which means that the title is considered to be sufficient for a sale of real estate and is free from significant defects or encumbrances that might prevent the ability to transfer it. This presumption is crucial for buyers, as it provides assurance that the title can be conveyed without disputes or claims that would affect ownership.

The concept of marketable title does not imply a guarantee that the title is free from all defects, which is what the first statement suggests. There may still be minor issues that do not affect the title's marketability. Additionally, marketable title cannot be encumbered by legal claims or significant encumbrances, as described in the options that refer to titles having encumbrances or being encumbered by legal claims. Such encumbrances could undermine the buyer's ability to take possession without litigation or dispute, thereby negating the title's marketability.

Thus, option B accurately reflects the legal standard of marketable title by emphasizing its presumption of validity, allowing a buyer to confidently proceed with the transaction.

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