ENCROACHMENT OF BUILDINGS ACT 1922 - SECT 3
Encroachments
ENCROACHMENT OF BUILDINGS ACT 1922 - SECT 3
Encroachments
3 Encroachments
(1) Either an adjacent owner or an encroaching owner may apply to the Court
for relief under this Act in respect of any encroachment.
(2) On the
application the Court may make such orders as it may deem just with respect
to:
(a) the payment of compensation to the adjacent owner,
(b) the conveyance
transfer or lease of the subject land to the encroaching owner, or the grant
to the encroaching owner of any estate or interest therein or any easement
right or privilege in relation thereto,
(c) the removal of the encroachment.
(3) The Court may grant or refuse the relief or any part thereof as it deems
proper in the circumstances of the case, and in the exercise of this
discretion may consider amongst other matters:
(a) the fact that the
application is made by the adjacent owner or by the encroaching owner, as the
case may be,
(b) the situation and value of the subject land, and the nature
and extent of the encroachment,
(c) the character of the encroaching
building, and the purposes for which it may be used,
(d) the loss and damage
which has been or will be incurred by the adjacent owner,
(e) the loss and
damage which would be incurred by the encroaching owner if the encroaching
owner were required to remove the encroachment,
(f) the circumstances in
which the encroachment was made.
(4) The Court may refer any question
involved in proceedings on the application to:
