Which of the following is a type of servitude that allows a specific construction?

Prepare for the OACIQ Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam with our comprehensive quiz!

The correct choice is tolerance of encroachment, as it pertains specifically to permission granted regarding constructions that may slightly intrude or overlap property lines. This type of servitude allows for a specific construction that would otherwise violate strict property boundaries but is permitted to avoid disputes with neighbors or to accommodate existing structures that may not have been originally compliant.

Tolerance of encroachment acknowledges that although a property may have defined boundaries, the practical use of land sometimes requires a more flexible interpretation to allow for certain constructions that serve a purpose while remaining generally acceptable to all parties involved. This type of servitude is particularly useful in densely developed areas where property lines can often lead to disputes over minor intrusions.

Understanding this concept is important because it reflects the balance between property rights and the practicalities of land use, making it essential knowledge for real estate professionals working within the regulatory framework of property developments and disputes.

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