A structural encroachment is a concept in
real property law, 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, refers to parcels of land and any associated structures which are the property of a person. For a structure (also called an Land i ...
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,
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 interest in land, nonpossessory right to use 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" ...
, related to an ''
easement in gross
An easement is a nonpossessory right to use 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 rig ...
'', while some scholars classify such as one type of encroachment.
Creation
When a structural encroachment is created intentionally, it is basically an
easement in gross
An easement is a nonpossessory right to use 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 rig ...
, and may be done by a permit to a government authority. A
zoning law 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 Praxis (process), practice of caring for patients, managing the Medical diagnosis, diagnosis, prognosis, Preventive medicine, prevention, therapy, treatment, Palliative care, palliation of their injury or disease, ...
contexts, a lump protruding into a
blood vessel
Blood vessels are the tubular structures of a circulatory system that transport blood throughout many Animal, animals’ bodies. Blood vessels transport blood cells, nutrients, and oxygen to most of the Tissue (biology), tissues of a Body (bi ...
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, 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. The other members of his family attempt to get him to commit
perjury, which he refuses, so the family must pay for the
easement
An easement is a Nonpossessory interest in land, nonpossessory right to use 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" ...
over the other
real estate.
Stuart Saves His Family quotes on imdb
/ref>
See also
*Adverse possession
Adverse possession in common law, and the related civil law (legal system), civil law concept of usucaption (also ''acquisitive prescription'' or ''prescriptive acquisition''), are legal mechanisms under which a person who does not have title (p ...
* Appropriation (economics)
* Trespass
References
{{reflist, 2
Structural encroachment