An equitable easement allows an encroaching neighbor to do what?

An equitable easement allows an encroaching neighbor to maintain the improvement that constitutes the encroachment. This legal concept arises when a property owner inadvertently builds a structure that partially intrudes onto a neighboring property. In many jurisdictions, instead of requiring the neighbor to remove the encroachment, the courts may grant an equitable easement, allowing the encroaching party to keep their structure in place and continue its use, provided it was built in good faith and without intent to harm.

This situation often involves factors like the length of time the encroachment has existed, the degree of harm to the affected property, and whether the owner of the property where the encroachment occurs can be adequately compensated for any loss. By allowing the encroaching neighbor to maintain the improvement, the equitable easement recognizes the practical realities of the situation, balancing the rights of both property owners and preventing undue hardship on the encroaching neighbor who may have relied on the structure for many years.

In this context, allowing the encroaching neighbor to maintain the improvement aligns with principles of fairness and justice, addressing the reality that removing the encroached structure might not be feasible or reasonable under the circumstances.