What will render a title UNMARKETABLE?
1. Adverse possession: if even part of the title rests on adverse possession, it is unmarketable.
2. Encumbrances: servitudes and mortgages render title unmarketable, UNLESS buyer has waived them.
*NOTE: seller has the right to satisfy an outstanding mortgage or lien at the closing, with the proceeds of the sale. So long as th eparties understand that the closing will result in the mortgage being satisfied or discharnged, buyer cannot claim title is unmarketable for that reason.
3. Zoning violations: unmarketable when land violates a zoning ordinance.