Cantilevered Building Encroachment - Easement?

[PE_PLS]

I have a project where the adjacent property has a cantilevered portion of their building encroaching into the property I am surveying by 0.6'. Would an easement be an acceptable way to address the encroachment, or is a lot line adjustment required. If an easement is acceptable, does anyone have an example of the language that would describe an easement for this purpose? Would this be an air space easement? Thanks in advance for your help.

[land butcher]

I guessing the decision on the instrument involved will probably depend on the govt agency having jurisdiction. Probably lots of issues here.

If an easement, as adjacent landowner, I personally would prefer to give a airspace easement over a ground easement. A ground easement would allow the encroacher to then use the ground also. And a nice deposit into my checking account :)

[Ian Wilson]

Encroachment is such a dirty word. It really implies that there is a form of real trespass. All we can really state is that there is an intrusion of the building across the boundary line you’ve established.

As for the type of permission that would allow the intrusion, either would work.

The Lot Line Adjustment would require participation/approval by the local jurisdiction.

The easement would allow the two property owners to handle the situation without input from the local agency.

As to the easement, that could be from the ground up or specifically written as a 3D easement to handle the intrusion, itself.

Blackmore v. Powell, 59 Cal.Rptr.3d 527, would be an interesting read to help the attorney word the coversheet to ensure survivability of the easement under review by the court in the future.

[pls7809]

The LLA would be tough, depending on the jurisdiction. Since planning departments are usually involved and usually the resulting LLA parcels need to comply with zoning regulations, and the building is "indruding" over the line, they would need to adjust enough for the building and for any possible side yard setback requirement, which they may not meet, depending on how far your client's building is from the same PL. An LLA might require an adjustment of 5.5' or more (or less) just to meet current requirments.

[SteveGardner]

It would definitely depend on the jurisdiction. The same thread has been discussed over on Beerleg and I explained a LLA that I just applied for where one of the parcels is being reduced in size in a zone where it is already a little too small and getting smaller. The garage on one of the parcels is still bisected by one of the lines because of non-cooperation by one of the neighbors. The Planning Dept's view is that we're at least getting the line out of the house and not making matters worse, so it's going forward without any variances or rezones or requirements to conform to setbacks (so far).