Property OwnershipIntermediateDelaware Exam

What is an 'encroachment' in Delaware real estate?

ASimply a formally recorded easement allowing a neighbor to use only a limited portion of the property, though outcomes can differ depending on circumstances

BA structure (fence, building, driveway) that physically extends beyond the owner's property boundary onto a neighboring property or public right-of-wayCorrect

CA restrictive covenant that limits the property owner's use rights

DA lien placed on the property for unpaid homeowners association dues

Why A structure (fence, building, driveway) that physically extends beyond the owner's property boundary onto a neighboring property or public right-of-way Is Correct

Answer B: A structure (fence, building, driveway) that physically extends beyond the owner's property boundary onto a neighboring property or public right-of-way

An encroachment occurs when a structure (fence, garage, building overhang, driveway) physically extends beyond a property's boundary onto neighboring land or a public right-of-way. Encroachments can cloud title, cause disputes, and potentially ripen into prescriptive easements.

Exam Tip: Property Ownership

Property ownership questions test the bundle of rights and different forms of ownership. Know the differences between joint tenancy, tenancy in common, and community property, including the right of survivorship.