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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
References
- ^ Varieties of encroachment. Accessed January 8, 2008.
- ^ Arizona DOT web site, "How to Apply for an Encroachment Permit. Accessed January 8, 2008.
- ^ 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.
- ^ City of Des Moines code, found at City of Des Moines code, Chapter 18.26. Accessed January 8, 2008.
- ^ The San Geronimo Valley Fish Friendly Citizen's Guide, found at Spawn USA web site. Accessed January 8, 2008.
- ^ Santa Cruz, California County code Santa Cruz, California County code. Accessed January 8, 2008.
- ^ Urban Redevelopment Agency Circular URA/PB/2000/03 - DCD URA/PB/2000/03 - DCD Urban Redevelopment Agency web site Circular. Accessed January 8, 2008.
- ^ 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.
- ^ Kurt R. Stenmark and Ivan F. McMurtry, Vascular Remodeling Versus Vasoconstriction in Chronic Hypoxic Pulmonary Hypertension A Time for Reappraisal?, found at [1]. Accessed January 8, 2008.
- ^ Stuart Saves His Family on imdb
- ^ Stuart Saves His Family quotes on imdb