Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SECT 185

185 Powers of court on application for relief in respect of encroachment

(1) On an application under section 184 the court may make such order as it may deem just with respect to—

(a) the payment of compensation to the adjacent owner; and

(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 in the land or of any easement, right, or privilege in relation to the land; and

(c) the removal of the encroachment.

(2) The court may grant or refuse the relief or any part of the relief 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; and

(b) the situation and value of the subject land, and the nature and extent of the encroachment; and

(c) the character of the encroaching building, and the purposes for which it may be used; and

(d) the loss and damage which has been or will be incurred by the adjacent owner; and

(e) the loss and damage which would be incurred by the encroaching owner if the encroaching owner were required to remove the encroachment; and

(f) the circumstances in which the encroachment was made.