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Which of the following is an example of encroachment?

1. an HOA preventing members from planting cacti in their front yards
2. a property owner granting their neighbour access to their property while retaining full ownership
3. driveway that partially crosses a neighbour's property boundary
4. an owner who is behind on paying their property taxes

User Artem L
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Final answer:

Encroachment is when a property owner invades someone else's property without permission, and a driveway that partially crosses a neighbor's property boundary is an example of encroachment. Restrictive covenants and easements are non-government restrictions on property use, which differ from encroachment because they are legally recognized tools rather than infringements on property rights.The correct option is 3.

Step-by-step explanation:

The term encroachment refers to when a property owner builds or extends a structure onto neighboring land or a shared space without permission, thus invading someone else's property or rights.

Looking at the options provided, option 3: a driveway that partially crosses a neighbour's property boundary is an example of encroachment

This situation occurs when a property owner extends part of their driveway onto the land of their neighbor without consent, likely breaching the neighbor's property rights.

Restrictive covenants and easements are examples of non-government restrictions concerning property use. A restrictive covenant is a provision in a deed that limits how property can be used and is often used in communities to maintain a certain aesthetic or standard.

An easement, on the other hand, is a right to use someone's property for a specific purpose, but it does not constitute encroachment as it is a legally granted right.

It is important to differentiate between encroachment, easements, and restrictive covenants to understand property rights and limitations on property use.

Encroachment is an infringement on property rights, easements are granted rights for use, and restrictive covenants are agreed upon restrictions that come with a property deed.The correct option is 3.

User Momoyo
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