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An easement is an encumbrance?

  1. only in certain states

  2. always

  3. never

  4. only if recorded

The correct answer is: always

An easement is an encumbrance that is created when a property owner grants certain rights to another party, such as the right to use a portion of their land for a specific purpose. This encumbrance remains on the property even if it changes ownership, and can affect the property's value. Therefore, it is considered an encumbrance in all states, making option B the correct answer. Option A is incorrect because an easement is an encumbrance regardless of the state in which the property is located. Option C is also incorrect because while not all encumbrances are easements, easements are always considered encumbrances. Option D is incorrect because an easement can still be valid and legally enforceable even if it is not officially recorded.