Three verified situations are(1)a recorded permanent driveway easement,(2)expressly revocable nontransferable personal parking permission with no easement, and(3)a neighbor’s roof physically crossing the boundary without permission. Which complete pairing matches?
Correct Answer
B) 1 easement;2 license;3 encroachment
The permanent recorded driveway right is an easement. The expressly revocable personal parking permission is a license on the given terms. The verified roof crossing is a physical encroachment; the scenario expressly says no permission. Actual rights, remedies and market effects still require relevant documents and law.
Why This Is the Correct Answer
Option B is correct because the recorded permanent driveway right is an easement, the expressly revocable nontransferable parking permission is a license, and the neighbor's roof crossing the boundary without permission is an encroachment. All three pairings match the stated facts. Easements and encroachments can affect marketability and must be reflected in the analysis.
Why the Other Options Are Wrong
Option A: 1 license;2 easement;3 no physical crossing
Option A is wrong because it calls the recorded permanent easement a license and the revocable permission an easement, reversing the two. It also says there is no physical crossing, even though the roof physically crosses the boundary.
Option C: 1 encroachment;2 fee ownership;3 easement
Option C is wrong because it calls the recorded driveway easement an encroachment, the parking permission fee ownership and the roof crossing an easement. None of these match, since the roof crossing has no permission and the parking right transfers no ownership.
Option D: All three are fee-simple transfers
Option D is wrong because it says all three are fee-simple transfers. None of the situations transfers ownership of land; they are a use right, a revocable permission and a physical intrusion.
Right, permission, intrusion
Easement is a lasting right, license is a revocable permission, and encroachment is an intrusion without permission.
How to use: Use these three labels to sort property-rights scenarios on matching questions.
Exam Tip
Look for the clue words recorded or permanent (easement), revocable or personal (license), and crosses without permission (encroachment).
Common Mistakes to Avoid
- -Confusing a revocable license with an easement
- -Calling an unpermitted structure crossing a boundary an easement
- -Treating use rights as fee-simple ownership
Concept Deep Dive
Analysis
This question tests three related property-rights terms: easement, license and encroachment. A recorded permanent right of use is an easement, revocable personal permission is a license, and an unpermitted physical intrusion across a boundary is an encroachment. Match each situation to its term and pick the option where all three line up.
Background Knowledge
An easement is a right to use another's land for a specific purpose and is often recorded and long-lasting. A license is personal, revocable permission that does not create an interest in land. An encroachment is an improvement that intrudes onto another's property without right.
Real-World Application
An appraiser reviewing a survey sees a recorded shared-driveway easement, a note about a neighbor's informal permission to park, and an eave from the neighbor's garage crossing the line. The appraiser describes each item and considers how buyers react to them.
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