National Real Estate Exam (PSI)Property OwnershipMedium
A homeowner discovers that their neighbor's new fence extends two feet onto their property line. What is this situation best classified as?
- AA deed restriction
- BAn easement appurtenant
- CAn encroachment
- DA license
Show answer & explanationAnswer & explanation
Correct answer: C. An encroachment
An encroachment occurs when a structure or improvement from one property unlawfully extends onto a neighboring owner's land, creating an encumbrance on the affected owner's title that can be discovered through a survey.
Why the other options are wrong
- A. A deed restriction is a private limitation on land use, not a physical boundary issue.
- B. An easement appurtenant is a legal right of use, not an unauthorized physical intrusion.
- D. A license is a revocable permission to use land, unrelated to unauthorized boundary intrusion.
Encroachment
An encumbrance that occurs when a structure, such as a fence, wall, or roof overhang, unlawfully extends onto a neighboring property.
- Typically discovered through a boundary survey
- Can cloud title and must often be resolved before sale
- May lead to a prescriptive easement claim if left unaddressed long enough
Memory trick: A fence that crosses the line is trespassing in structure form.