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]
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 to do, so the family must pay for the easement.[11]
↑ 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 . Accessed January 8, 2008.
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