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Property OwnershipEncumbrancesMEDIUM

During a sale in 2026, a survey showed that the seller's detached garage extended 18 inches over the neighbor's lot line. Which statement is most accurate?

Correct Answer

A) The overlap is an encroachment that may require removal or an agreement

A garage crossing a boundary line is an encroachment because a physical improvement intrudes onto another owner's land. Encroachments can cloud title and may be resolved by removal, relocation, damages, or a negotiated easement or boundary agreement.

Answer Options
A
The overlap is an encroachment that may require removal or an agreement
B
The overlap is a license because the structure has existed for years
C
The overlap automatically creates a fee simple interest in the strip
D
The overlap is a deed restriction that binds future owners

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Why the Other Options Are Wrong

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Deep Analysis of This Property Ownership Question

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Background Knowledge for Property Ownership

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Real World Application in Property Ownership

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Related Topics & Key Terms

Key Terms:

encroachmentsurveyboundary_linegarageencumbrances

Related Concepts

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.

A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.

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