Hawaii Pre-Licensing National Practice Exam

Which of the following is an example of encroachment?

1. A fence along the property line

2. A tree that hangs over a sidewalk

3. A storage building that extends over the boundary line between properties

4. A neighboring property owner’s garden

The correct answer is: A storage building that extends over the boundary line between properties

Encroachment occurs when a structure or object intrudes onto another person's property without permission. The scenario described where a storage building extends over the boundary line between properties illustrates this concept clearly. This means the owner of the storage building has built it in a way that it crosses into the land of a neighboring property, thus violating property rights. The other examples do not represent encroachment. A fence along the property line generally indicates an agreeable boundary and does not intrude upon another property. A tree that hangs over a sidewalk is typically not considered an encroachment in terms of property lines, as sidewalks are often public property or easements where tree branches may lawfully extend. Similarly, a neighbor's garden does not encroach unless it specifically crosses over the boundary into another property, which is not stated in that example. Therefore, the example of the storage building accurately embodies the definition of encroachment.