Texas Real Estate State Practice Exam

Which term is used when a structure or improvements overlap onto another's property?

1. Easement

2. Encroachment

3. Adverse Possession (Squatter's rights)

4. Lein

The correct answer is: Encroachment

The term that refers to a situation where a structure or improvements, such as a fence or building, extend beyond the property line and onto another person's property is known as encroachment. This situation occurs when a property owner builds or maintains a physical structure that intrudes upon their neighbor's land without permission. Encroachments can lead to disputes between property owners and may also affect property values and the use of the land. In contrast, an easement is a legal right to use someone else's property for a specific purpose, but it does not imply ownership or overlap in physical structures. Adverse possession, commonly called squatter's rights, refers to a legal doctrine that allows a person to claim ownership of land under certain conditions, but it does not relate to the overlap of physical structures. A lien is a legal claim against property as security for a debt, which is unrelated to the physical encroachment of structures.