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, 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]

Creation

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.^[2][3] A zoning law may also restrict an intentional structural encroachment.^[4][5][6][7]

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

Other uses

• In some medical contexts, a lump protruding into a blood vessel is described as a structural encroachment.^[8][9]

• 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.^[10] 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.^[11]

See also

• Adverse possession
• Appropriation (economics)
• Trespass