Reliable survey information shows a neighbor’s garage physically extending three feet across the subject boundary. What is that physical intrusion called?
Correct Answer
B) An encroachment on the parcel
A structure extending across an adjoining boundary is a physical encroachment. Whether rights, agreements or remedies affect it requires investigation of reliable boundary and legal information. The physical fact alone does not establish zoning status or a particular easement.
Why This Is the Correct Answer
Option B is correct because a structure that physically extends across a property line onto an adjoining parcel is an encroachment. Any rights, agreements or remedies connected with it require further investigation, but the physical intrusion itself is called an encroachment.
Why the Other Options Are Wrong
Option A: An easement in gross over the parcel
Option A is wrong because an easement in gross is a right of use held by a person or entity, such as a utility, not a neighbor's garage physically crossing the boundary.
Option C: A legally nonconforming structure
Option C is wrong because a legally nonconforming structure is a zoning status for a structure that no longer meets current rules but was lawfully built; it does not describe a structure crossing onto another's land.
Option D: A party wall shared by both owners
Option D is wrong because a party wall is a wall built on a boundary and shared by both owners, not a garage that extends three feet onto the neighboring parcel.
Encroach means crossing over
To encroach is to creep over the line; a structure crossing the boundary is an encroachment.
How to use: Use this to identify encroachments among similar-sounding property terms.
Exam Tip
Separate the physical fact (an encroachment) from legal status questions such as easements or zoning conformity.
Common Mistakes to Avoid
- -Calling a physical encroachment an easement
- -Confusing encroachment with nonconforming zoning status
- -Ignoring the encroachment's effect on marketability
Concept Deep Dive
Analysis
This question tests property terminology for a physical intrusion across a boundary. A neighbor's structure extending onto the subject parcel is an encroachment, and its legal consequences require further investigation of boundary and legal information.
Background Knowledge
An encroachment is an improvement that intrudes onto adjoining property. Encroachments can affect title, marketability and value, and the appraiser notes them and may recommend survey or legal review. Easements, party walls and nonconforming uses are distinct concepts with different legal bases.
Real-World Application
During inspection, an appraiser reviews a survey showing a neighbor's garage extends onto the subject lot. The appraiser reports the encroachment, considers its effect on marketability and recommends a title or legal review.
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