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.
Creation of an EncroachmentWhen a structural encroachment is created intentionally, it is basically an Easement in gross, and may be done by a permit to a government authority. A zoning law may also restrict an intentional structural encroachment.
A structural encroachment may also be created by necessity, by accident, or by prescription.
In popular culture and other usesIn 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.? 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.? In some medical contexts, a lump protruding into a blood vessel is described as a structural encroachment.
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