A reliable survey shows a neighboring driveway physically extending three feet across the subject boundary. What is that physical crossing called?
Correct Answer
A) An encroachment
The stipulated driveway intrusion is a physical encroachment across the boundary. Investigate any easement, agreement or other rights before concluding legal consequences or market effect. A physical observation alone does not establish a survey or title opinion.
Why This Is the Correct Answer
Option A is correct because a structure or improvement physically extending across a boundary onto another's land is an encroachment. Whether any easement or agreement permits it, and what market effect it has, requires further investigation.
Why the Other Options Are Wrong
Option B: An easement right
Option B, an easement right, is a legal right to use another's land, not the name for a physical crossing. The survey shows only the physical intrusion; whether an easement exists would need to be confirmed separately.
Option C: A right-of-way
Option C, a right-of-way, is a type of easement granting passage over land. The question asks what the physical crossing is called, and a right-of-way is a legal right, not the physical intrusion.
Option D: A deed restriction
Option D, a deed restriction, limits how an owner may use the property under the deed. It does not describe a neighbor's driveway physically crossing the boundary.
Encroach means crossing the line
If something physically creeps over the boundary, it encroaches; a legal right to cross is an easement.
How to use: Use this to separate physical intrusions from legal use rights in property-description questions.
Exam Tip
Separate physical facts from legal rights: a crossing is an encroachment, while an easement is a right that may or may not exist.
Common Mistakes to Avoid
- -Assuming an encroachment automatically means an easement exists
- -Calling a physical intrusion a deed restriction
- -Drawing legal conclusions without survey or title information
Concept Deep Dive
Analysis
This question tests terminology for a physical intrusion across a property line. The stem describes only the physical fact of a neighbor's driveway extending over the boundary, which is called an encroachment.
Background Knowledge
An encroachment is an improvement that intrudes onto adjoining property. It can affect title, marketability and value, so appraisers note apparent encroachments and rely on surveys and title information for legal conclusions.
Real-World Application
A survey provided with an appraisal assignment shows a neighbor's driveway extending three feet onto the subject lot. The appraiser reports the encroachment, asks whether any easement or agreement exists, and analyzes any supported market effect.
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