An improvement that illegally intrudes onto a neighboring property, such as a fence built over the boundary line.
Why Encroachment matters on the exam
This term belongs to Property Ownership. The questions below are real items from Freehold's bank that use it - each one cites its source.
Exam questions using Encroachment
Every Freehold question shows why the right answer is right — and cites its source.
A utility company holds the right to run power lines across a private landowner's property. This is best classified as an:
Easement appurtenant
Easement in gross
A minor encroachment
License
Show answer & explanation
Easement in gross — An easement in gross benefits a person or company rather than another parcel of land, which is typical of utility, pipeline, and railroad easements that burden a servient tenement without a dominant tenement.
Source: PSI National Real Estate Exam Content Outline §1 Property Ownership
An encroachment occurs when:
A structure or improvement on one property extends over the boundary line onto an adjoining property without permission
A property owner formally grants a neighbor permission to cross the owner's land
A tenant simply remains in possession of a unit after the underlying lease has expired
Two adjoining parcels share a common wall by the express mutual agreement of both owners
Show answer & explanation
A structure or improvement on one property extends over the boundary line onto an adjoining property without permission — An encroachment is an unauthorized physical intrusion, such as a fence, roof overhang, or driveway, that extends across a boundary line onto a neighbor's land.
Source: PSI National Real Estate Exam Content Outline §1 Property Ownership
A neighbor's garage was built two feet over the property line ten years ago, and the encroachment has never been challenged. What risk does the encroacher's continued, open use potentially create for the affected landowner?
No risk whatsoever, since encroachments never affect legal ownership
Automatic transfer of the whole of the lot over to the encroaching neighbor immediately by the operation of state law
A potential adverse possession or prescriptive easement claim if the statutory period and required elements are met
An immediate obligation for the landowner to demolish their own structures
Show answer & explanation
A potential adverse possession or prescriptive easement claim if the statutory period and required elements are met — If an encroachment continues openly, continuously, and without permission for the state's statutory period, the encroacher may eventually acquire legal rights to that strip of land through adverse possession or a prescriptive easement.
Source: PSI National Real Estate Exam Content Outline §1 Property Ownership
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