Fundamentals of Surveying (FS) Practice Exam

What is an encroachment in property terms?

1. A cloud on title to property

2. A second lien

3. A written instrument that conveys title

4. A gradual, stealthy, illegal acquisition of property

The correct answer is: A gradual, stealthy, illegal acquisition of property

An encroachment in property terms refers specifically to a situation where a structure or a portion of a property extends onto another person's land without permission. This is often seen in situations where fences, buildings, or landscaping intrude into neighboring properties. The description of a gradual, stealthy, illegal acquisition of property captures the essence of encroachment, as it typically occurs without the consent of the affected property owner and can lead to disputes over property boundaries. In legal terms, encroachments are important because they can impact property rights, ownership, and the usability of land. For instance, if a neighbor builds a fence that extends over their property line, they would be encroaching on your property, which could lead to legal action or necessitate an agreement to resolve the intrusion. The other options do not accurately define encroachment. A cloud on the title relates to a claim or liability affecting the property's title; a second lien refers to a secondary claim against a property for a loan, and a written instrument that conveys title is a legal document that officially transfers ownership, such as a deed. These terms, while relevant in property law, do not convey the specific concept of an encroachment.