After Able had purchased his home, a survey revealed that his neighbor had previously built a fence that was three feet within his newly acquired property. If his neighbor was unwilling to make an amiable settlement, Able might be forced to pursue a civil action suit against:

a. the neighbor, for removal of the encroachment on the grounds of trespass, if less than five years have elapsed since the encroachment was created.
b. the neighbor, under the law of adverse possession.
c. the broker, for failure to disclose the encroachment.
d. the title company, for failure to show encumbrance on the standard form title report.

Answer: a. the neighbor, for removal of the encroachment on the grounds of trespass, if less than five years have elapsed since the encroachment was created.

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