An equitable easement allows an encroaching neighbor to do what?

An equitable easement allows an encroaching neighbor to maintain their improvement on the property of another person. This legal concept often arises in situations where a property owner inadvertently builds a structure that encroaches on a neighbor's land. Rather than forcing the neighbor to remove the encroachment, which could result in significant hardship or loss, an equitable easement allows the neighbor to keep and maintain the structure, typically while compensating the affected property owner in some manner.

This arrangement is rooted in the principles of fairness and practicality. It recognizes that removing the encroachment may not be a viable or fair option for the encroacher, especially if the improvement has been in place for a long period and the property owner has not objected. Instead of a complete removal, the equitable easement allows for occupancy rights that can lead to a solution acceptable to both parties.

The other options do not align with the concept of an equitable easement. Removing an improvement or negotiating a property purchase involves different legal actions that do not pertain directly to maintaining an encroaching structure. Obtaining a right of way may involve the establishment of different types of easements but does not specifically address the encroaching neighbor's situation. Thus, maintaining the improvement is the