What is an encroachment in real estate?

Prepare for the Waco Title Insurance Test. Study with flashcards and multiple-choice questions. Each question comes with hints and explanations to help you succeed. Get ready for your exam!

Encroachment in real estate refers specifically to a situation where a structure or improvement, such as a fence, building, or landscaping feature, extends beyond the legal boundaries of one property and onto another property. This can lead to disputes between property owners as it infringes upon the rights of the adjoining property owner. The correct choice highlights this idea by identifying a fixture that intrudes onto another person's land, which is the essence of encroachment.

Understanding the concept of encroachment is crucial for property owners, buyers, and real estate professionals, as it can affect property values, usage rights, and legal ownership. Property surveys are often conducted to identify any encroachments before a sale, ensuring that all parties are aware of the boundaries and any potential issues that might arise.

The other provided options refer to different real estate concepts:

  • A loan against the property relates to financing and debt rather than physical property boundaries.

  • A boundary dispute generally pertains to disagreements regarding property lines but does not define what an encroachment is.

  • A type of easement involves the right to use another's land for a specific purpose, which is distinct from encroachment, where one party unwittingly occupies land that belongs to another.

Encroachments,

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