Structural encroachment


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. [ [http://wiki.lawguru.com/index.php/Encroachment] Law-Wiki web site. Accessed January 8, 2008.] [ [http://www.laetusinpraesens.org/docs00s/encroacv.php Varieties of encroachment] . Accessed Jnauary 8, 2008.]

Creation of an encroachment

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. [ [http://www.azdot.gov/Highways/OES/PDF/final_encroachment_permit_brochure.pdf 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 [http://www.seattle.gov/dpd/notices/decisions/2306853.pdf City of Seattle official web site, decision on a permit for a structural encroachment] . Accessed January 8, 2008.] A zoning law may also restrict an intentional structural encroachment. [City of Des Moines code, found at [ http://www.codepublishing.com/wa/desmoines/html/dmoins18/dmoins1826.html City of Des Moines code, Chapter 18.26] . Accessed January 8, 2008.] [The San Geronimo Valley Fish Friendly Citizen's Guide, found at [http://www.spawnusa.org/pages/page-133 Spawn USA web site] . Accessed January 8, 2008.] [Santa Cruz, California County code [http://ordlink.com/cgi-bin/hilite.pl/codes/santacruzco/_DATA/TITLE14/PART_I__GENERAL_PROVISIONS_AND_DEF/14_01_105_L___8220_L__8221__de.html Santa Cruz, California County code] . Accessed January 8, 2008.] [Urban Redevelopment Agency Circular URA/PB/2000/03 - DCD [http://www.ura.gov.sg/circulars/text/dc00-03.html URA/PB/2000/03 - DCD Urban Redevelopment Agency web site Circular] . Accessed January 8, 2008.]

A structural encroachment may also be created by necessity, by accident, or by prescription.fact|date=January 2008

In popular culture and other uses

* 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. [ [http://www.imdb.com/title/tt0114571/ Stuart Saves His Family on imdb] ] 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. [ [http://www.imdb.com/title/tt0114571/quotes Stuart Saves His Family quotes on imdb] ]

* In some medical contexts, a lump protruding into a blood vessel is described as a structural encroachment. [Jean-Marc Hyvelin, et al., "Inhibition of Rho-Kinase Attenuates Hypoxia-Induced Angiogenesis in the Pulmonary Circulation", found at [http://circres.ahajournals.org/cgi/content/full/97/2/185 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 [http://circres.ahajournals.org/cgi/content/full/97/2/95] . Accessed January 8, 2008.]

ee also

*Adverse possession

References


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