South Australian Consolidated Acts South Australian Consolidated Acts (1) The minimum
compensation to be paid to the adjacent owner in respect of any conveyance,
transfer, lease, or grant to the encroaching owner shall, if the encroaching
owner satisfies the court that the encroachment was not intentional, and did
not arise from negligence, be the unimproved capital value of the subject
land, and in any other case three times such unimproved capital value.
(2) In determining
whether the compensation shall exceed the minimum, and if so, by what amount,
the court shall have regard to—
(a) the
value, whether improved or unimproved, of the subject land to the adjacent
owner;
(b) the
loss and damage which has been or will be incurred by the adjacent owner
through the encroachment and through the orders proposed to be made in favour
of the encroaching owner;
(c) the
circumstances in which the encroachment was made.