An encroachment occurs when:
Correct Answer
B) A structure or improvement extends onto an adjacent property without permission.
An encroachment occurs when a structure, fence, or other improvement physically crosses a property boundary and intrudes onto a neighboring property without the owner's permission. Encroachments are typically discovered during a survey and can affect marketability of title. They differ from liens, deed restrictions, and zoning regulations, which are legal or governmental limitations rather than physical intrusions.
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Related Topics & Key Terms
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Related Concepts
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
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