South Australian Current Acts

ENCROACHMENTS ACT 1944 - SECT 2

2—Interpretation

In this Act, unless the context otherwise requires or some other meaning is clearly intended—

"adjacent owner" means the owner of land over which an encroachment extends;

"boundary" means the boundary line between contiguous parcels of land;

"building" means a substantial building of a permanent character and includes a wall;

"court" means a court which has jurisdiction in the particular matter;

"encroaching owner" means the owner of the land contiguous to the boundary beyond which an encroachment extends;

"encroachment" means encroachment by a building, and includes encroachment by overhang of any part as well as encroachment by intrusion of any part in or upon the soil;

"owner" means any person entitled to an estate of freehold in possession—

            (a)         whether in fee simple or for life or otherwise;

            (b)         whether at law or in equity;

            (c)         whether absolutely or by way of mortgage;

and includes a mortgagee under a registered mortgage of a freehold estate in possession in land under the Real Property Act 1886 ;

"subject land" means that part of the land of the adjacent owner over which an encroachment extends.