The correct answer is B, Encroachment. An encroachment occurs when a physical improvement or object extends beyond its lawful boundary onto neighboring property.
Common examples include a garage crossing the boundary line, a fence constructed on the wrong side of the line, a driveway extending onto neighboring land, or a building overhang intruding over another parcel.
An encroachment differs from an easement because an easement is a legally recognized right to use another person ' s property. An encroachment may be unauthorized.
Boundary surveys are particularly important in identifying encroachments. Depending on the circumstances, the parties may resolve an encroachment by relocating the structure, granting an easement, transferring a small parcel, executing a boundary agreement, or pursuing court action.
Long-term encroachments can also create adverse-possession or prescriptive-right issues where all required Massachusetts elements are satisfied over the statutory period. Massachusetts ordinarily applies a 20-year period to qualifying adverse possession.
Study Guide Reference: Property Ownership — Encroachments, Easements, Boundary Problems and Adverse Possession.
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