California Real Estate Broker ExaminationPropertyEasy
A buyer is interested in purchasing a property that has a mature oak tree whose branches extend over the neighbor's fence and drop leaves into their yard. The neighbor has never complained. What term best describes the oak tree's branches extending onto the neighbor's property?
- AAppurtenance
- BLicense
- CEasement
- DEncroachment
Show answer & explanationAnswer & explanation
Correct answer: D. Encroachment
An encroachment occurs when a structure or improvement on one property illegally extends onto an adjacent property. In this case, the tree branches are extending over the property line.
Why the other options are wrong
- A. An appurtenance is a right or privilege that 'runs with the land' and is transferred with the property, not an overhanging branch.
- B. A license grants personal, revocable permission to use land, not an illegal physical intrusion.
- C. An easement grants a right to use another's land for a specific purpose, not an illegal intrusion.
Encroachment
An unauthorized intrusion of an improvement or fixture onto an adjacent property.
- It is a physical intrusion.
- It is unauthorized and typically illegal.
- Can lead to legal disputes and require removal.
Memory trick: Don't let your property cross the line, or it's an 'Encroachment' fine!