Florida Real Estate Sales Associate Examination Content OutlineReal Estate Property and OwnershipMedium
A buyer is considering purchasing a commercial property that has an existing encroachment from an adjacent building's awning extending over the property line. The buyer is concerned about potential legal issues. What type of encumbrance does this situation represent?
- AEncroachment
- BLien
- CRestrictive Covenant
- DEasement
Show answer & explanationAnswer & explanation
Correct answer: A. Encroachment
An encroachment occurs when a portion of one property (like an awning or fence) illegally extends onto an adjacent property. This can lead to disputes and legal action, making it a significant concern for buyers.
Why the other options are wrong
- B. A lien is a financial claim against a property, not a physical intrusion.
- C. A restrictive covenant is a private agreement limiting land use, not a physical intrusion.
- D. An easement grants a right to use another's land for a specific purpose, but it's a legal right, not an illegal physical intrusion.
Encroachment
An unauthorized intrusion of a building or other improvement onto another's land.
- Physical intrusion across a property line.
- Can be discovered by a survey.
- May lead to legal disputes or require removal.
Memory trick: ENCROACHMENTS CROWD your boundaries.