What is the definition of an encroachment?

Prepare for the NCEES Fundamentals of Surveying Exam. Study with flashcards and multiple choice questions, each question comes with hints and explanations. Get ready for your test!

An encroachment refers to a situation where a property owner unintentionally or intentionally builds or extends their property past the legal boundary into the property of a neighboring owner. This can include structures such as fences, buildings, or landscaping that intrude upon someone else's land. The definition provided in the chosen answer captures the essence of encroachment as it describes a gradual and stealthy nature, implying that the property acquisition is not overt and occurs without consent.

The concept of encroachment often raises legal disputes, especially when it comes to determining property rights and boundaries. It is important for surveyors and property owners to understand the implications of encroachments, as they can lead to conflicts between neighbors and can affect property values and marketability.

In contrast, other options refer to distinct terms in property law. A cloud on title pertains to any claim or condition that could invalidate or challenge the ownership of a title. A second lien indicates a claim against a property that is subordinate to the first lien, which relates to financing rather than property encroachment. A written instrument conveying title describes a legal document like a deed without connoting any issues related to boundary encroachment. Each of these options addresses different aspects of property law and ownership, further delineating

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