Where this fits on the exam
| Official syllabus topic | Property Ownership: Encumbrances and Effects on Property Ownership |
|---|---|
| Official PSI area | Property Ownership |
| Published weight | 10% of the national portion |
| Source edition | PSI Georgia Candidate Information Bulletin dated July 1, 2026 |
The Rule
PSI publishes a weight for the complete official area, not a guaranteed count for this individual comparison. Use the source, document, actor, event, and timing stated in the question before applying a memorized definition.
Side-by-side comparison
Read across each row. The terms are deliberately compared on identical dimensions so the difference remains clear when the exam hides the vocabulary inside a scenario.
| Decision dimension | Lien | Easement | License | Encroachment |
|---|---|---|---|---|
| Nature | Monetary claim or security interest | Nonpossessory right to use another's land | Personal permission to use land | Physical intrusion across a boundary |
| Interest in land | Encumbers title | Generally an interest in land | Generally not an interest in land | Condition, not a granted right |
| Revocability | Released or satisfied under the governing claim | Ends by an applicable termination method | Usually revocable, subject to exceptions | Removed, licensed, sold, or resolved by agreement or law |
| Example | Recorded judgment lien | Driveway access easement | Permission to park for one event | Fence built over the lot line |
Decision rule
Georgia-specific distinction
Worked example
Scenario. A neighbor's garage extends two feet across the recorded lot line.
Reason it through. No use right was granted. A permanent structure physically occupies land beyond its boundary.
Answer. The condition is an encroachment.
Common exam traps
- Calling every encumbrance a lien
- Confusing permission with an easement
- Treating an encroachment as a granted right
- Assuming an easement transfers possession
Original practice questions with detailed explanations
These are original instructional questions mapped to the July 1, 2026 PSI outline. They are not copied from PSI or any live examination. Choose an answer before opening the explanation.
Question 1A neighbor's garage extends two feet across the recorded lot line onto the adjoining parcel. No one ever granted permission. What is this condition?
- A. An easement appurtenant
- B. A license
- C. A lien
- D. An encroachment
Show answer and explanation →
Answer: D. An encroachment
An encroachment is a physical intrusion of a structure across a boundary. The stem establishes a garage over the lot line, with no granted use right. A claim to an easement or another legal right would require additional facts and analysis. A lien is a payment claim or security interest, not the physical intrusion itself.
- A. Incorrect. An appurtenant easement is a use right benefiting another parcel. The stem establishes a garage crossing the boundary, not a granted use right.
- B. Incorrect. A license is permission to use land. The stem expressly says no permission was given.
- C. Incorrect. A lien secures a debt or payment claim. A garage crossing a boundary is a physical intrusion.
- D. Correct. The garage extends across the lot line. That physical intrusion is an encroachment; any claimed legal right would require separate analysis.
Question 2An owner lets a neighbor park a boat in the side yard for one weekend. Nothing is written or recorded. What has the owner given the neighbor?
- A. A license
- B. An easement in gross
- C. An easement appurtenant
- D. An encroachment
Show answer and explanation →
Answer: A. A license
A license is personal permission to use land that is usually revocable and does not create an interest in land. A short, informal permission for one weekend fits that description. An easement is the wrong choice, but an easement is a continuing use right that is generally an interest in land.
- A. Correct. Short personal permission to park the boat for one weekend is a license, ordinarily revocable and not an estate in the land.
- B. Incorrect. An easement in gross is an interest granting a use right to a person or entity. The facts show temporary informal permission instead.
- C. Incorrect. An appurtenant easement benefits a dominant parcel. No lasting parcel-benefiting right is described in this weekend permission.
- D. Incorrect. The owner expressly permits the boat's temporary presence. The question concerns the permission given, not an unauthorized boundary intrusion.
Question 3A contractor who was not paid for a new roof files a claim against the home to secure the amount owed. What type of encumbrance is this?
- A. An easement
- B. A lien
- C. An encroachment
- D. A license
Show answer and explanation →
Answer: B. A lien
A lien is a monetary claim that uses the property as security for a debt. The contractor wants payment, not a use right or boundary correction. An easement is the plausible wrong choice because it also appears in title reports, but it grants use of land rather than securing money.
- A. Incorrect. An easement grants use of land. The contractor seeks security for payment rather than an access or other use right.
- B. Correct. A claim against property to secure the unpaid roofing debt is a lien, subject to the lien statute's requirements.
- C. Incorrect. An encroachment is a physical boundary intrusion. The stem describes an unpaid bill and a recorded money claim.
- D. Incorrect. A license is permission to use property. It does not secure the contractor's debt.
Ready to move on?
You have this distinction down when all of these are true.
- Define every compared term without using the other term as the definition.
- Rebuild the comparison table from memory.
- State the decision rule and Georgia distinction without notes.
- Solve the worked example after changing one key fact.
- Explain the rule or fact that makes each distractor wrong.
- Answer all three original questions correctly in mixed practice on a later day.
Recommended next lesson
Continue with Easement Appurtenant Versus Easement in Gross Versus Prescriptive Easement. Next, the easement types page breaks down the use right from this comparison: appurtenant easements tied to a parcel, easements in gross held by a person or utility, and prescriptive easements acquired through use.
Return to the complete exam-concept library or the Property Ownership hub.