A survey shows the neighbor's garage crossing the boundary by 2 feet, and a driveway easement in favor of the property behind. How should the garage intrusion and the driveway right be classified?
Correct Answer
D) The 2-foot garage is an encroachment; the driveway is an easement
D. The garage intrusion is an encroachment; the driveway right is an easement. Distinguish a structure crossing the boundary from a right to use another property. The question expressly identifies the driveway easement; it does not establish a corresponding right for the garage. Scope and exceptions: This classifies the supplied facts; it does not decide removal rights, prescriptive rights or insurance coverage. Source: Glossary: Easement; Encroachment — https://www.dre.ca.gov/files/pdf/refbook/ref27.pdf
Why This Is the Correct Answer
D. The garage intrusion is an encroachment; the driveway right is an easement. Distinguish a structure crossing the boundary from a right to use another property. The question expressly identifies the driveway easement; it does not establish a corresponding right for the garage. Scope and exceptions: This classifies the supplied facts; it does not decide removal rights, prescriptive rights or insurance coverage.
Why the Other Options Are Wrong
Option A: Both are encroachments, since each affects the use of the land
The authorized driveway right is not classified simply as a physical intrusion.
Option B: Both are easements, as each gives a 3rd party a right over the land
The garage intrusion does not by itself establish an easement.
Option C: Neither matters where the lender obtains title insurance on the file
Title insurance does not erase the distinction between the interests.
Exam Tip
A physical condition and a legal use right are different concepts.
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