A buyer is interested in purchasing an older rural property near Cochrane, Alberta. During the due diligence, her real estate associate notices a municipal bylaw requiring that all residential buildings must have a minimum setback of 10 feet from the property line. The current detached garage, however, is only 5 feet from the property line. What does this situation most accurately represent?

Question: A buyer is interested in purchasing an older rural property near Cochrane, Alberta. During the due diligence, her real estate associate notices a municipal bylaw requiring that all residential buildings must have a minimum setback of 10 feet from the property line. The current detached garage, however, is only 5 feet from the property line. What does this situation most accurately represent?

Answer options:

• A reciprocal easement
• A prescriptive right ✅ A non-conforming use or structure (an encroachment against a bylaw)
• A negative easement

Correct answer: A non-conforming use or structure (an encroachment against a bylaw)

Explanation: An encroachment typically refers to a structure that extends over a property line, while a structure that violates a setback bylaw is a non-conforming structure. Both are issues that potential buyers should be aware of.