A structural encroachment is a concept in

real property law Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual prope ...

, in which a piece of

real property In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixe ...

projects from one property over or under the property line of another landowner's

premises Premises are land and buildings together considered as a property. This usage arose from property owners finding the word in their title deeds, where it originally correctly meant "the aforementioned; what this document is about", from Latin '' ...

. 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 An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property ...

, related to an ''

easement in gross An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property ...

'', while some scholars classify such as one type of encroachment.

Creation

When a structural encroachment is created intentionally, it is basically an

, and may be done by a permit to a government authority. A

zoning law Zoning is a method of urban planning in which a municipality or other tier of government divides land into areas called zones, each of which has a set of regulations for new development that differs from other zones. Zones may be defined for a si ...

may also restrict an intentional structural encroachment. A structural encroachment may also be created by necessity, by accident, or by prescription.

Other uses

* In some

medical Medicine is the science and practice of caring for a patient, managing the diagnosis, prognosis, prevention, treatment, palliation of their injury or disease, and promoting their health. Medicine encompasses a variety of health care practic ...

contexts, a lump protruding into a blood vessel is described as a structural encroachment. * In some ecological contexts, the process of a peatmoss overgrowing, or bogging down a vascular plant is described as a structural encroachment.

In popular culture

* In the movie

Stuart Saves His Family ''Stuart Saves His Family'' is a 1995 American comedy film directed by Harold Ramis based on a series of ''Saturday Night Live'' sketches from the early to mid-1990s. The film follows the adventures of would-be self-help guru Stuart Smalley, a cr ...

, the Smalley family must pay for a structural encroachment of the late

aunt An aunt is a woman who is a sibling of a parent or married to a sibling of a parent. Aunts who are related by birth are second-degree relatives. Known alternate terms include auntie or aunty. Children in other cultures and families may refe ...

's house over a neighbor's property, which results in an action to

quiet title Quiet may refer to: * Silence, a relative or total lack of sound In music * The Quiett (born 1985), South Korean rapper * ''Quiet'' (album), a 1996 John Scofield album * "Quiet", a song by Lights, from her album '' The Listening'' (2009) * "Qu ...

. The other members of his family attempt to get him to commit

perjury Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an inst ...

, which he refuses, so the family must pay for the

over the other

real estate Real estate is property consisting of land and the buildings on it, along with its natural resources such as crops, minerals or water; immovable property of this nature; an interest vested in this (also) an item of real property, (more genera ...

.Stuart Saves His Family quotes on imdb
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References

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Structural encroachment A structural encroachment is a concept in real property law, in which a piece of real property projects from one property over or under the property line of another landowner's premises. The actual structure that encroaches might be a tree, bush, ...

Creation

Other uses

In popular culture

See also

References