A property survey reveals that a new driveway extends one foot onto a neighbor's property. This is an example of

A property survey reveals that a new driveway extends one foot onto a neighbor's property. This is an example of

• A. a easement appurtenant.
• B. an encroachment.
• C. an easement by prescription.
• D. a party wall easement.

Answer: (B)

An encroachment happens when a physical improvement, like a driveway, crosses the boundary onto a neighbor’s land. When the driveway extends one foot onto the neighbor’s property, part of the improvement sits on someone else’s parcel, which is exactly an encroachment. It’s not an easement because there’s no established right to use the neighbor’s land for that purpose unless a formal grant or a long-standing prescriptive use creates one, and it’s not a party wall easement since that involves a shared wall. The typical remedy is to remove or relocate the portion on the neighbor’s land or negotiate an encroachment agreement.

An encroachment happens when a physical improvement, like a driveway, crosses the boundary onto a neighbor’s land. When the driveway extends one foot onto the neighbor’s property, part of the improvement sits on someone else’s parcel, which is exactly an encroachment. It’s not an easement because there’s no established right to use the neighbor’s land for that purpose unless a formal grant or a long-standing prescriptive use creates one, and it’s not a party wall easement since that involves a shared wall. The typical remedy is to remove or relocate the portion on the neighbor’s land or negotiate an encroachment agreement.