Easily confused with each other, but not interchangeable, easements and encroachments both address the use of property by someone other than the rightful owner. The primary difference is whether or not there is permission for use (and what type of use). Both can take place on City-owned or privately-owned property. 

In some cases, City-owned property is referred to as the “right-of-way”, which indicates that it is land or property acquired for or devoted to a public street. Not all City-owned property is a right-of-way, as the City owns property and land for uses other than roadways.

Easements

An easement is an agreement giving permission for the use of property or land by someone other than the owner for a specific use or purpose. Easements are generally non-transferrable and can be in effect for varying amounts of time or when access is no longer a necessity. Some examples are:

• An electric utility company could need an easement to install power lines through someone’s property
• The City could need an easement to drain public water over private property.
• A landowner may sell a parcel of land but reserve an easement to cross the property to reach a main road easily.

There are many different types of easements, including:

• Appurtenant (tied to a property) or Gross (tied to a person and therefore revocable).
  • Note: A right-of-way easement is typically an appurtenant easement and usually relate to travel between a private and public area (usually sought by governments and utilities for access to public roads).
• Affirmative (no limitations on use) or negative (restricted types of use)
• Express (written agreement) or implied (action or inaction either by necessity or prescription).

Encroachments

An unauthorized encroachment is the use of property or land without permission from the owner (without an easement).

Applications

Residents interested in pursuing any use of City property, land, or rights-of-way, should complete an encroachment application. If the encroachment application is approved and an agreement is filed in Circuit Court, a permit is still required before any construction can be started, if necessary.

Residents who would like to report an encroachment by others onto City property, land, or right-of-way can utilize online complaint forms for basketball goals and poles or all other encroachment types. Fillable forms that can be submitted as hard copies or by email will be posted online when available.