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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 .
The only way a resident can put items in the right-of-way is if they get an encroachment permit. You can find the encroachment permit here. The city has to approve what you put up. If you do not ...
Encroachment is to advance beyond proper limits, and may refer to: Temporal encroachment; Structural encroachment; Encroachment (gridiron football), a penalty in American and Canadian football; Encroachment by human populations on natural spaces that causes habitat fragmentation or habitat destruction
2. Unless the rights to the public would be harmed, the court will not allow the encroachment to remain if the encroached upon party will suffer irreparable injury. 3. The hardship to the encroacher must be greatly disproportionate (more) than the hardship to the encroached upon party by allowing the encroachment to remain.
Illegal construction (also known as illegal building or illegal housing) is construction work (or the result of such) without a valid construction permit. Besides the potential technical hazards on uncontrolled construction sites and in finished buildings, illegal building activity can be a major environmental violation when the works encroach ...
Hudson Square Hotel also resolved two often highly litigated issues in adverse possession cases where the air rights are more valuable than the underlying land itself: (a) "where" (i.e., in three-dimensional physical space) is an encroachment required in order for such encroachment to have any relevant operative effect or consequences under the ...
A dominant estate (or dominant premises or dominant tenement) is the parcel of real property that has an easement over another piece of property (the servient estate).The type of easement involved may be an appurtenant easement that benefits another parcel of land, or an easement appurtenant, that benefits a person or entity.
Planning permission or building permit refers to the approval needed for construction or expansion (including significant renovation), and sometimes for demolition, in some jurisdictions. [ 1 ] [ 2 ] House building permits, for example, are subject to building codes .