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.
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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. A zoning law may also restrict an intentional structural encroachment.
A structural encroachment may also be created by necessity, by accident, or by prescription.