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Structural encroachment

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Title: Structural encroachment  
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Subject: Lakes in Bangalore, Appropriation (economics), 2013 Thane building collapse, Lal Bahadur Shastri Marg, Easement
Collection: Real Property Law
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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][2]


  • Creation 1
  • Other uses 2
  • In popular culture 3
  • See also 4
  • References 5


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.[3][4] A zoning law may also restrict an intentional structural encroachment.[5][6][7][8]

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.[9][10]
  • 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.[11] 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.[12]

See also


  1. ^ [1] Law-Wiki web site. Accessed January 8, 2008.
  2. ^ Varieties of encroachment. Accessed January 8, 2008.
  3. ^ Arizona DOT web site, "How to Apply for an Encroachment Permit. Accessed January 8, 2008.
  4. ^ 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.
  5. ^ City of Des Moines code, found at City of Des Moines code, Chapter 18.26. Accessed January 8, 2008.
  6. ^ The San Geronimo Valley Fish Friendly Citizen's Guide, found at Spawn USA web site. Accessed January 8, 2008.
  7. ^ Santa Cruz, California County code Santa Cruz, California County code. Accessed January 8, 2008.
  8. ^ Urban Redevelopment Agency Circular URA/PB/2000/03 - DCD URA/PB/2000/03 - DCD Urban Redevelopment Agency web site Circular. Accessed January 8, 2008.
  9. ^ 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.
  10. ^ Kurt R. Stenmark and Ivan F. McMurtry, Vascular Remodeling Versus Vasoconstriction in Chronic Hypoxic Pulmonary Hypertension A Time for Reappraisal?, found at [2]. Accessed January 8, 2008.
  11. ^ Stuart Saves His Family on imdb
  12. ^ Stuart Saves His Family quotes on imdb
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