Hawaii Pre-Licensing National Practice Exam

In a scenario where encroachment occurs, what is the most common example?

1. A tree on property line

2. A driveway installed without permission

3. A structure built over a neighbor's property line

4. Fences built along boundaries

The correct answer is: A structure built over a neighbor's property line

Encroachment refers to when a person builds or extends structures onto a neighbor's property without permission. The most common example of encroachment is when a structure, such as a building or a fence, is built over the property line into a neighbor's land. This situation can lead to disputes between property owners, as the encroaching party may be using land that does not belong to them, potentially affecting the neighbor's property rights and use of their land. While other situations, such as trees on a property line, driveways installed without permission, or fences built along boundaries, can create boundary disputes, they don't constitute encroachments in the same definitive way that a structure built over a neighbor's property line does. Encroachment specifically implies an infringement upon property boundaries, which is clearly illustrated by the construction of a physical structure into another’s property.