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What is enrichment? Kiritsis Law Group 212 922 0005

May 13, 2021

By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M

Generally, it is a reference to a physical intrusion of a structure or improvement on the land of another. Enrichments typically manifest themselves as structural in nature (often referred to as structural enrichments). To clarify this concept, it may be easier to visualize an object from a real property, such as a tree or a fence becoming loose and intrude on another person’s real property. Different jurisdictions, attorneys and legal scholars may use a different terminology for this concept. For example, an enrichment is sometimes referred to as a type of easement called easement in gross. A rarely discussed subject, when talking about enrichments are the potential tort liabilities, that they may give rise to. For example, if a tree intrudes on another’s property, and passerby steps on one of the leafs from the intruding tree; then, complicated legal issues arise over which party should be liable to passersby to pursue his possible tort claim. Having adequate insurance and limitation of personal liability, through the use of a fictional legal entity, are 2 of the ways many property owners, may decide to deal with these potential suits.

 

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