Structural encroachment

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]

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.

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

References

1. Varieties of encroachment. Accessed January 8, 2008.
2. Arizona DOT web site, "How to Apply for an Encroachment Permit. Accessed January 8, 2008.
3. City of Seattle, Washington Department of Planning and Development Notice, found at City of Seattle official web site, decision on a permit for a structural encroachment. Accessed January 8, 2008.
4. City of Des Moines code, found at City of Des Moines code, Chapter 18.26. Accessed January 8, 2008.
5. The San Geronimo Valley Fish Friendly Citizen's Guide, found at Spawn USA web site. Accessed January 8, 2008.
6. Santa Cruz, California County code Santa Cruz, California County code. Accessed January 8, 2008.
7. Urban Redevelopment Agency Circular URA/PB/2000/03 - DCD URA/PB/2000/03 - DCD Urban Redevelopment Agency web site Circular. Accessed January 8, 2008.
8. Jean-Marc Hyvelin, et al., Inhibition of Rho-Kinase Attenuates Hypoxia-Induced Angiogenesis in the Pulmonary Circulation, found at American Heart Association Journal. Accessed January 8, 2008.
9. Kurt R. Stenmark and Ivan F. McMurtry, Vascular Remodeling Versus Vasoconstriction in Chronic Hypoxic Pulmonary Hypertension A Time for Reappraisal?, found at . Accessed January 8, 2008.
10. Stuart Saves His Family on imdb
11. Stuart Saves His Family quotes on imdb