Land use and encumbrances

Encroachment

A structure that physically intrudes onto a neighboring property

A fence three feet over the line, a garage eave hanging into the next lot, a driveway that crosses a boundary. Because it is both physical and legal, it can make title unmarketable, and if it goes unchallenged long enough it may mature into a prescriptive easement.

How the exam asks about it

Usually discovered by a survey rather than an inspection, which is a detail exams use to test whether you know what a survey is for.

Related terms

Sitting the license exam? Find out what you actually know.

Free practice questions built to the published national content outline, with an explanation after every answer. No account, no paywall.

Independent exam preparation. Real Estate Exam Bank is not a state-approved pre-licensing course and completing anything here does not satisfy any state education requirement. Not affiliated with, endorsed by, or authorized by any state real estate commission, Pearson VUE, or PSI. Practice questions here are original study material, not the official exam.