An improvement that extends onto property belonging to another person without consent is known as what?

Prepare for the Legal Aspects of Real Estate Test. Utilize flashcards and multiple choice questions with hints and explanations. Ace your exam!

An improvement that extends onto property belonging to another person without consent is referred to as encroachment. This legal concept arises when a structure, such as a fence, building, or any permanent improvement, intrudes upon a neighboring property. Encroachments can lead to disputes between property owners regarding property lines and can impact property rights.

Understanding encroachment is critical in real estate, as it may have implications for property value, ownership rights, and the potential for legal action. Property owners have the right to take action if they discover an encroachment, which may include seeking a remedy through negotiation or litigation to remove the encroachment or obtain an easement.

In contrast, defeasance relates to the cancellation of certain obligations, often found in mortgage agreements. An easement is a legal right to use another’s land for a specific purpose but does not imply encroachment since it involves consent from the property owner. Boundary line adjustment refers to a legal agreement between property owners to change the officially recorded property lines without implying that one property owner has unlawfully used another's property. In summary, encroachment is specifically characterized by the unauthorized extension onto another's property.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy