Structural encroachment

Last updated

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]

Contents

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

See also

Related Research Articles

<span class="mw-page-title-main">Zoning</span> Government policy allowing certain uses of land in different places

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 single use, they may combine several compatible activities by use, or in the case of form-based zoning, the differing regulations may govern the density, size and shape of allowed buildings whatever their use. The planning rules for each zone determine whether planning permission for a given development may be granted. Zoning may specify a variety of outright and conditional uses of land. It may indicate the size and dimensions of lots that land may be subdivided into, or the form and scale of buildings. These guidelines are set in order to guide urban growth and development.

<span class="mw-page-title-main">Embolism</span> Disease of arteries, arterioles and capillaries

An embolism is the lodging of an embolus, a blockage-causing piece of material, inside a blood vessel. The embolus may be a blood clot (thrombus), a fat globule, a bubble of air or other gas, amniotic fluid, or foreign material. An embolism can cause partial or total blockage of blood flow in the affected vessel. Such a blockage may affect a part of the body distant from the origin of the embolus. An embolism in which the embolus is a piece of thrombus is called a thromboembolism.

Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land.

<span class="mw-page-title-main">Pulmonary hypertension</span> Increased blood pressure in lung arteries

Pulmonary hypertension is a condition of increased blood pressure in the arteries of the lungs. Symptoms include shortness of breath, fainting, tiredness, chest pain, swelling of the legs, and a fast heartbeat. The condition may make it difficult to exercise. Onset is typically gradual.

<span class="mw-page-title-main">Rail trail</span> Railroad bed converted to a recreational trail

A rail trail is a shared-use path on railway right of way. Rail trails are typically constructed after a railway has been abandoned and the track has been removed, but may also share the right of way with active railways, light rail, or streetcars, or with disused track. As shared-use paths, rail trails are primarily for non-motorized traffic including pedestrians, bicycles, horseback riders, skaters, and cross-country skiers, although snowmobiles and ATVs may be allowed. The characteristics of abandoned railways—gentle grades, well-engineered rights of way and structures, and passage through historical areas—lend themselves to rail trails and account for their popularity. Many rail trails are long-distance trails, while some shorter rail trails are known as greenways or linear parks.

<span class="mw-page-title-main">East Liberty (Pittsburgh)</span> Neighborhood of Pittsburgh in Allegheny County, Pennsylvania, United States

East Liberty is a neighborhood in Pittsburgh, Pennsylvania's East End. It is bordered by Highland Park, Morningside, Stanton Heights, Garfield, Friendship, Shadyside and Larimer, and is represented on Pittsburgh City Council by Councilwoman Deborah Gross and Rev. Ricky Burgess. One of the most notable features in the East Liberty skyline is the East Liberty Presbyterian Church, which is an area landmark.

<span class="mw-page-title-main">Trespass to land</span> Use of land prevented by local property laws

Trespass to land is a common law tort or crime that is committed when an individual or the object of an individual intentionally enters the land of another without a lawful excuse. Trespass to land is actionable per se. Thus, the party whose land is entered upon may sue even if no actual harm is done. In some jurisdictions, this rule may also apply to entry upon public land having restricted access. A court may order payment of damages or an injunction to remedy the tort.

<span class="mw-page-title-main">Urban Renewal Authority</span> Statutory body in Hong Kong

The Urban Renewal Authority (URA) is a quasi-governmental, profit-making statutory body in Hong Kong responsible for accelerating urban redevelopment.

<span class="mw-page-title-main">Lee Tung Street</span> Former street in Wan Chai, Hong Kong

Lee Tung Street, known as the Wedding Card Street by locals, was a street in Wan Chai, Hong Kong. The street was famed in Hong Kong and abroad as a centre for publishing and for the manufacturing of wedding cards and other similar items.

<span class="mw-page-title-main">California Coastal Commission</span> State agency with quasi-judicial regulatory oversight over coastal zone

The California Coastal Commission (CCC) is a state agency within the California Natural Resources Agency with quasi-judicial control of land and public access along the state's 1,100 miles (1,800 km) coastline. Its mission as defined in the California Coastal Act is "to protect, conserve, restore, and enhance the environment of the California coastline".

DataEase is a relational database management system (RDBMS), and is considered a rapid application development tool for developing relationally-organized, data-intensive software applications for personal computers. DataEase was created in the early 1980s by software developers Arun Gupta and Joseph Busch. The first version of the software was released in 1981 by Software Solutions Inc. The principals sold the company to Sapphire International Corporation of the United Kingdom in 1991. Sapphire continues to develop and market the product. There are two distinct product arcs in DataEase's history: DataEase for DOS and DataEase for Windows.

Appropriation is a process by which previously unowned natural resources, particularly land, become the property of a person or group of persons. The term is widely used in economics in this sense. In certain cases, it proceeds under very specifically defined forms, such as driving stakes or other such markers into the land claimed, which form gave rise to the term “staking a claim.” "Squatter’s rights" are another form of appropriation, but are usually asserted against land to which ownership rights of another party have been recognized. In legal regimes recognizing such acquisition of property, the ownership of duly appropriated holdings enjoys such protections as the law provides for ownership of property in general.

Jin Long Si Temple is a temple located at 32 Tai Seng Avenue, Singapore.

A dominant estate is the parcel of real property that has an easement over another piece of property. The type of easement involved may be an appurtenant easement that benefits another parcel of land, or an easement appurtenant, that benefits a person or entity. The easement may also be an affirmative easement, that permits a person to do something on the servient estate, or a negative easement that allows the holder of the easement to restrict activity on the servient estate. Estate is a common law concept.

<span class="mw-page-title-main">Nga Tsin Wai Tsuen</span>

Nga Tsin Wai Tsuen, also known as Hing Yau Yu Tsuen was a walled village in Wong Tai Sin, Kowloon, Hong Kong with a history spanning more than 600 years.

<span class="mw-page-title-main">Land recycling</span>

Land recycling is the reuse of abandoned, vacant, or underused properties for redevelopment or repurposing.

<span class="mw-page-title-main">All Saints Catholic Church (Stuart, Iowa)</span> United States historic place

All Saints Catholic Church is a parish church building in the Diocese of Des Moines. The building is located in Stuart, Iowa, United States. The parish used the building as its church until a devastating fire severely damaged the structure. The church was rebuilt and it now serves as a cultural center called the Historic All Saints/Saints Center for Culture and the Arts. It is listed on the National Register of Historic Places, and is a rare example of Neo-Byzantine architecture in the state of Iowa.

In architecture, construction, and real estate, floor area, floor space, or floorspace is the area taken up by a building or part of it. The ways of defining "floor area" depend on what factors of the building should or should not be included, such as external walls, internal walls, corridors, lift shafts, stairs, etc. Generally there are three major differences in measuring floor area.

<span class="mw-page-title-main">PB-22</span> Chemical compound

PB-22 is a designer drug offered by online vendors as a cannabimimetic agent, and detected being sold in synthetic cannabis products in Japan in 2013. PB-22 represents a structurally unique synthetic cannabinoid chemotype, since it contains an ester linker at the indole 3-position, rather than the precedented ketone of JWH-018 and its analogs, or the amide of APICA and its analogs.

<span class="mw-page-title-main">Dakota Access Pipeline</span> Oil pipeline project in the United States

The Dakota Access Pipeline (DAPL) or Bakken pipeline is a 1,172-mile-long (1,886 km) underground pipeline in the United States that has the ability to transport up to 750,000 barrels of light sweet crude oil per day. It begins in the shale oil fields of the Bakken Formation in northwest North Dakota and continues through South Dakota and Iowa to an oil terminal near Patoka, Illinois. Together with the Energy Transfer Crude Oil Pipeline from Patoka to Nederland, Texas, it forms the Bakken system. The pipeline transports 40 percent of the oil produced in the Bakken region.

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