Encroachment

### What is a common method to identify property encroachments? - [x] Property Survey - [ ] Visual Inspection - [ ] Tax Assessment - [ ] Utility Bills > **Explanation:** Encroachments are typically identified through detailed property surveys conducted by licensed surveyors, which establish accurate property boundary lines and detect any physical intrusions. ### Who typically conducts a property survey? - [x] Licensed Surveyor - [ ] Real Estate Agent - [ ] Property Owner - [ ] City Planner > **Explanation:** A property survey is usually conducted by a licensed surveyor who has the expertise and tools to measure and map property boundaries accurately. ### What is an easement? - [x] A legal right to use another's land for a specific purpose - [ ] A type of encroachment - [ ] A form of property ownership transfer - [ ] A government restriction > **Explanation:** An easement is a legal right to use another person's land for a specific purpose, such as access to a road or utility. ### Which document can sometimes help in resolving encroachment disputes by providing clear property boundaries? - [x] Property Deed - [ ] Tax Return - [ ] Building Permit - [ ] Mortgage Agreement > **Explanation:** A property deed includes detailed descriptions of the property boundaries, which can be critical in resolving encroachment disputes. ### Which of the following is an example of encroachment? - [x] A fence built on a neighbor's property - [ ] Posting a "For Sale" sign on the property - [ ] Maintaining a garden within your own property - [ ] Paying property taxes late > **Explanation:** Building a fence that crosses into the neighbor's property constitutes an encroachment as it physically intrudes on another's land. ### What principle can sometimes allow ownership of a piece of land if an encroachment lasts for a certain period without dispute? - [x] Adverse Possession - [ ] Right of Redemption - [ ] Zoning Law - [ ] Deed Restriction > **Explanation:** Adverse possession is a legal principle that can sometimes allow a trespasser to claim ownership of land if they possess it openly and continuously for a certain period without dispute from the rightful owner. ### Can an encroachment affect the sale of a property? - [x] Yes, it must be disclosed and can affect valuation. - [ ] No, it does not need to be reported. - [ ] Only if the buyer conducts a survey. - [ ] Not if the encroachment is small. > **Explanation:** Encroachments must be disclosed during property transactions as they can affect the valuation and desirability of the property. ### What action can a property owner take if they discover an encroachment? - [x] Negotiate an easement or remove the encroachment - [ ] Ignore the issue and hope it resolves itself - [ ] Request a new survey immediately - [ ] Increase the property tax payment > **Explanation:** A property owner can negotiate an easement or removal of the encroachment, or in some cases, take legal action to resolve the infringement. ### Which term refers to use of land without the owner’s permission that could result in acquiring legal right to it? - [x] Prescriptive Easement - [ ] Permissive Path - [ ] Conditional Lease - [ ] Encumbrance > **Explanation:** A prescriptive easement allows someone to gain the right to use part of another's property if they do so openly and continuously for a prescribed period of time without the owner’s permission. ### What typically must be obtained for major resolutions of property disputes such as encroachments and easements? - [x] Legal Counsel or Court Order - [ ] Builder’s Consent - [ ] Neighbor’s Verbal Agreement - [ ] Local Municipality Approval > **Explanation:** For major resolutions like removing encroachments or establishing easements, legal counsel or a court order is often necessary to ensure the resolution is binding and properly executed.