Massachusetts Real Estate License Practice Test

What does encroachment refer to in real estate?

1. Legal establishment of property boundaries

2. Unauthorized intrusion onto another's property

3. A mutual agreement between property owners

4. A lawful access route across property

The correct answer is: Unauthorized intrusion onto another's property

Encroachment in real estate refers specifically to the unauthorized intrusion onto another's property. This occurs when a structure, such as a fence, building, or tree, extends beyond the owner’s boundary line and onto the adjacent property. Encroachments can lead to disputes between neighboring property owners and may require legal resolution to address the infringement of property rights. Understanding encroachment is important for property owners, real estate professionals, and buyers, as it affects property rights and the use of the property. For instance, if one property owner builds a shed that crosses onto their neighbor's land, the neighbor may have grounds to take action to protect their property rights. In contrast, the other choices reflect different concepts in real estate. The legal establishment of property boundaries pertains to the accurate demarcation of land divisions, while a mutual agreement between property owners suggests a consensual understanding regarding property use, which would not constitute encroachment. Lastly, a lawful access route across property involves easements, which are permitted uses of land and do not indicate unauthorized intrusion.