South Australian Current Acts

ENCROACHMENTS ACT 1944 - SECT 4

4—Application to court in respect of 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 deems 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 him 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 he were required to remove the encroachment;

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

        (4)         This section applies to encroachments made either before or after the commencement of this Act.