Easement vs. Encroachment in Property Law

Property boundaries and rights are central to Texas real estate principles. Sponsoring candidates must be able to define the distinct legal differences between easements and encroachments.

Why the Correct Option is Right

Option B is correct because it accurately defines both terms: an easement is a legal, agreed-upon interest (granting permission to cross or use land), while an encroachment is an active, illegal physical trespass (such as a fence, roof overhang, or driveway built across a property line).

Why the Other Options are Traps

• Option A is a trap because easements are frequently permanent (easements appurtenant run with the land), and encroachments are often discovered and removed quickly, making them temporary.
• Option C is a trap because both concepts apply universally to all real estate classes—residential, commercial, agricultural, and industrial.
• Option D is a trap because establishing easements is a legal property transaction, not an act of brokerage requiring a real estate license.

The Exam Trap

On the exam, watch out for how encroachments are discovered. An encroachment is never guaranteed to be shown on a standard public deed or title search. Encroachments are almost exclusively discovered through a physical survey of the property boundary lines.

Worked Texas Example

Scenario: Sponsoring home buyer Melissa gets a survey completed before closing on a house in Plano. The survey reveals that the neighbor’s brick retaining wall crosses over Melissa’s property line by 18 inches. Outcome: This retaining wall constitutes an encroachment. It is an unauthorized physical intrusion onto Melissa’s land. She can require the seller to have the neighbor remove it, or request a boundary line agreement before proceeding with closing.