Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SECT 197

197 Nature of relief

(1) If in the opinion of the court it is just and equitable that relief should be granted to the applicant or to any other person, the court may if it thinks fit make any 1 or more of the following orders—

(a) vesting in any person or persons specified in the order the whole or any part of the land on which the improvement or any part of the improvement has been made either with or without any surrounding or contiguous or other land;

(b) ordering that any person or persons specified in the order shall or may remove the improvement or any part of the improvement from the land or any part of it;

(c) ordering that any person or persons specified in the order pay compensation to any other person in respect of—

(i) any land or part of the land; or

(ii) any improvement or part of the improvement; or

(iii) any damage or diminution in value caused or likely to be caused by or to result from any improvement or order made under this division;

(d) ordering that any person or persons specified in the order have or give possession of the land or improvement or part of the improvement for such period and upon such terms and conditions as the court may specify.

(2) An order under this division, and any provision of the order, may—

(a) include or be made upon and subject to such terms and conditions as the court thinks fit, whether as to payment by any person of any sum or sums of money including costs (to be taxed as between solicitor and client or otherwise), or the execution by any person of any mortgage, lease, easement, contract or other instrument, or otherwise; and

(b) declare that any estate or interest in the land or any part of the land on which the improvement has been made to be free of any mortgage, lease, easement or other encumbrance, or may vary, to such extent as may be necessary in the circumstances, any mortgage, lease, easement, contract, or other instrument affecting or relating to such land or any part of the land; and

(c) direct that any person or persons execute any instrument or instruments in registrable or other form necessary to give effect to the declaration or order of the court; and

(d) order any person to produce to any person specified in the order any title deed or other instrument or document relating to any land; and

(e) direct a survey to be made of any land and a plan of survey to be prepared.