Structural encroachment

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A structural encroachment is a concept in American real property law, in which a piece of real property hangs from one property over the property line of another landowner's premises. The actual structure that encroaches might be a tree, bush, bay window, stairway, steps, stoop, garage, leaning fence, part of a building, or other fixture. Some attorneys classify it as a type of easement, related to an easement in gross, while some scholars classify such as one type of encroachment.^{[1] [2]}

Contents 1 Creation of an encroachment 2 In popular culture and other uses 3 See also 4 References

[edit] Creation of an encroachment

When a structural encroachment is created intentionally, it is basically an easement in gross, and may be done by a permit to a government authority.^{[3] [4]} A zoning law may also restrict an intentional structural encroachment.^{[5] [6] [7] [8]}

A structural encroachment may also be created by necessity, by accident, or by prescription.^{[citation needed]}

[edit] In popular culture and other uses

• In the movie Stuart Saves His Family, the Smalley family must pay for a structural encroachment of the late aunt's house over a neighbor's property, which results in an action to quiet title. ^[9] The other members of his family attempt to get him to commit perjury, which he refuses, so the family must pay for the easement over the other real estate. ^[10]

• In some medical contexts, a lump protruding into a blood vessel is described as a structural encroachment.^{[11] [12]}

[edit] See also

• Adverse possession

[edit] References