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Ontario Real Estate Licensing Exam Practice · Question

A buyer is interested in purchasing a semi-detached home in Toronto. Their RECO registrant discovers that a portion of the neighbour's fence significantly extends onto the subject property's land. What would this situation be most accurately classified as?

An encroachment occurs when a structure, such as a fence, building, or part of a building, extends beyond the boundary of one's own property onto an adjacent pr

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Question: A buyer is interested in purchasing a semi-detached home in Toronto. Their RECO registrant discovers that a portion of the neighbour's fence significantly extends onto the subject property's land. What would this situation be most accurately classified as?

Answer options: ✅ An encroachment.

  • A restrictive covenant.
  • An easement by prescription.
  • A re-entry clause.

Correct answer: An encroachment.

Explanation: An encroachment occurs when a structure, such as a fence, building, or part of a building, extends beyond the boundary of one's own property onto an adjacent property without permission. This should be disclosed and investigated further during due diligence.

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