An easement allowing the dominant owner to project the eaves of a building over the servient land. A neighbor s tree can grow so that branches or roots encroach on your yard causing actual or potential. It doesn t matter whether the guttering is trespassing or not once it has been trespassing for 20 years or more then the neighbour can claim an easement under the prescription act for it to stay in place provided it is there without consent or objection and not in secret for 20 years or more.
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