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National curriculum lesson 57 · Property Ownership

Easements, Rights of Way, Licenses, Encroachments, and Adverse Possession

An easement is a nonpossessory interest allowing use of another's land. A right of way is a type or description of access right. A license is generally revocable permission. An encroachment is an unauthorized physical intrusion. Adverse possession is a potential ownership claim created only when every statutory element and time requirement is met.

Facts checked against the current PSI Candidate Information Bulletin and GREC sources. Last reviewed August 2, 2026. Editorial standards.

What is the exam-ready answer?

An easement is a nonpossessory interest allowing use of another's land. A right of way is a type or description of access right. A license is generally revocable permission. An encroachment is an unauthorized physical intrusion. Adverse possession is a potential ownership claim created only when every statutory element and time requirement is met.
Official syllabus mapping for Easements, Rights of Way, Licenses, Encroachments, and Adverse Possession
Roadmap lesson57 of 500
Official syllabus topicEasements, Rights of Way, Licenses, Encroachments, and Adverse Possession
Official PSI areaProperty Ownership
Published area weight10% of the 100-question national portion
Exam portionNational salesperson portion
Source editionPSI Georgia Candidate Information Bulletin dated July 1, 2026
Last verifiedAugust 2, 2026

The Rule

PSI publishes the weight for the complete content area, not a fixed question count for this lesson. Learn the rule well enough to apply it when PSI changes names, numbers, or parties in a new scenario.

Complete lesson

Read each concept as part of one decision system. The exam often gives one accurate statement and three statements that belong to a nearby concept.

Easements

An appurtenant easement benefits a dominant parcel and burdens a servient parcel. An easement in gross benefits a person or organization rather than another parcel.

Creation and termination

Easements can arise by express grant or reservation, implication, necessity, or prescription. They may end by release, merger, abandonment where legally sufficient, expiration, or loss of necessity.

License and encroachment

A license gives permission without creating the same land interest. An encroachment is a structure or improvement crossing a boundary.

Adverse possession

Possession must satisfy the jurisdiction's required qualities and statutory period. Mere occupancy or a boundary mistake does not automatically transfer title.

Other title issues

Leases, probate claims, mineral rights, air rights, and water rights can affect possession, use, or what the owner can convey.

Decision rule

Ask whether the fact describes a use right, permission, physical intrusion, possession claim, or separate property right.

Georgia-specific distinction

Georgia law determines the elements and timing of prescription and adverse possession. For the national portion, classify the concept. For a Georgia transaction, a survey, title examination, and legal advice may be needed before anyone claims ownership or termination.

Worked example

Scenario. A garage built by one owner extends two feet across the recorded boundary onto the neighbor's parcel.

Reason it through. The physical improvement intrudes across the line. No facts establish permission, a granted use right, or completed adverse possession.

Answer. The condition is an encroachment and warrants survey and title review.

Common exam traps

  • Calling a license an ownership interest
  • Confusing an easement with possession
  • Assuming every path is public
  • Treating occupancy as completed adverse possession

Original practice questions with detailed explanations

These questions were written for instruction and mapped to the current outline. They are not copied from PSI or any live examination. Choose an answer before opening the explanation.

Question 1

Which interest normally benefits one parcel and burdens another?

  1. A. Easement appurtenant
  2. B. License
  3. C. Judgment lien
  4. D. Trade fixture
Show answer and explanation →

Answer: A. Easement appurtenant

An appurtenant easement runs with a dominant and servient parcel.

Question 2

A fence crosses the surveyed lot line. What is the condition?

  1. A. License
  2. B. Encroachment
  3. C. Escheat
  4. D. Lien
Show answer and explanation →

Answer: B. Encroachment

A physical improvement crossing a boundary is an encroachment.

Question 3

What most clearly distinguishes a license from an easement?

  1. A. A license is generally revocable permission
  2. B. A license transfers title
  3. C. A license is always recorded
  4. D. A license creates a dominant estate
Show answer and explanation →

Answer: A. A license is generally revocable permission

A license is permission and generally does not create the durable land interest associated with an easement.

Mastery tracking

Mark this lesson mastered only when every statement is true.

  • State the direct answer and decision rule without notes.
  • Explain every core concept in plain English.
  • Solve the worked example after changing one important fact.
  • Identify the Georgia distinction before reading answer choices.
  • Answer all three questions correctly and reject every distractor.
  • Repeat the topic in mixed practice on a later day.

Recommended next lesson

Continue with Sole, Co-Ownership, Common-Interest, Trust, Entity, and Life Estates. Continue to roadmap lesson 58 and build on this decision rule.

Return to the Property Ownership hub to see every official branch and the complete lesson sequence for this content area.

Easements, Rights of Way, Licenses, Encroachments, and Adverse Possession questions

Facts checked against the current PSI Candidate Information Bulletin and GREC sources. Last reviewed August 2, 2026. Editorial standards.

Is Easements, Rights of Way, Licenses, Encroachments, and Adverse Possession on the Georgia real estate exam?

Yes. It belongs to PSI's Property Ownership content area, which is 10% of the 100-question national portion. PSI publishes content-area weights, not a guaranteed question count for this individual lesson.

What is the main rule for Easements, Rights of Way, Licenses, Encroachments, and Adverse Possession?

Ask whether the fact describes a use right, permission, physical intrusion, possession claim, or separate property right.

What Georgia-specific distinction should I remember?

Georgia law determines the elements and timing of prescription and adverse possession. For the national portion, classify the concept. For a Georgia transaction, a survey, title examination, and legal advice may be needed before anyone claims ownership or termination.

How do I know I have mastered this lesson?

Explain the rule without notes, solve the worked example again with changed facts, answer all original questions correctly, explain every distractor, and repeat mixed practice on a later day.