legal definition of encroach

[sealeysb21]

when it comes to law, what is the legal definition on encroach?
I have looked in the dictionary and it says "advance gradually beyond expected limits"

how does one define expected limits.?
If something can be turned in 10ft diameter circle but another person uses a circle of 13 or more feet is that beyond expected limits or is more then the original 10ft beyond expected limits?
There is no plus or minus tolerance set.

sealeysb21

[des8]

presumably this is another aspect of your query @ https://legalbeagles.info/forums/for...ion-conditions

It can be problematic discussing individual points out of context, so perhaps you could post up the wording of that condition.

Encroachment is intrusion over land

[sealeysb21]

It is not a condition . I have been told that someone "has had to encroach". So my interpretation is that they have had to "advance gradually beyond expected limits".

example, go onto another persons land persons land beyond expected limits. Their car is 10 foot long and they go 15 foot onto the other persons land.
As the car is only 10 foot long there is no need to go 15 foot and so they encroach when the go 15 foot

sealeysb21

[des8]

So some one owns some land?
Another party has a right to drive over that land within limits which aren't defined ?

How were those rights obtained?

Who is saying that the other party "has had to encroach"?

[sealeysb21]

the other party is saying they have to encroach but evidence shows they do not have to encroach and my thing is they advance beyond expected and needed limits.

as for how the rights are obtained, not one for now I want to go into here.


going back to the op, can you help?

sealeysb21

[des8]

It is difficult to understand the position here.
Presumably one party has an easement to use the others land for turning purposes?
How did that easement arise?
By prescription?
By express grant?
By implication?

Not sure what the problem behind this post is, but if the owner of the dominant tenement is being "awkward" he should be informed that the owner of the servient tenement has a right to the peaceful enjoyment of his land and the legitimate development of his land, and the performance of the easement should not interfere with the servient owner's peace nor prevent him from exercising his right to develop his land (provided that the development caters for the easement).

[2222]

"when it comes to law, what is the legal definition on encroach?
I have looked in the dictionary and it says "advance gradually beyond expected limits""

The simple answer to this is that most words don't have a special 'legal' meaning. They just mean their normal English meaning, and the best place to find that is in the dictionary, although most people would know more or less what the word encroach means without looking it up.

If your neighbour used the word in an ordinary letter or conversation, there is still less reason to attempt to ascribe a special meaning to it. It just means what your neighbour meant it to mean. To quote Lewis Carroll:

“When I use a word,” Humpty Dumpty said, in rather a scornful tone, “it means just what I choose it to mean—neither more nor less.” “The question is,” said Alice, “whether you can make words mean so many different things.” “The question is,” said Humpty Dumpty, “which is to be master—that’s all.”