{"id":"encroachment-of-buildings-act-1982","name":"Encroachment of Buildings Act 1982","slug":"encroachment-of-buildings-act-1982","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30052,"registerId":"nt-encroachment-of-buildings-act-1982-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Encroachment of Buildings Act 1982","content":"NORTHERN TERRITORY OF AUSTRALIA\nENCROACHMENT OF BUILDINGS ACT 1982\nAs in force at 1 May 2016\nTable of provisions\nPart I Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Interpretation ................................................................................... 1\n4 Application to Crown ........................................................................ 2\nPart II Encroachment of buildings\n5 Application for relief in respect of encroachments ........................... 2\n6 Powers of Court on application for relief .......................................... 2\n7 Compensation ................................................................................. 3\n8 Charge on land ................................................................................ 4\n9 Determination by Court .................................................................... 4\n10 Vesting order ................................................................................... 4\n11 Boundaries ...................................................................................... 5\n12 Persons interested........................................................................... 5\nPart III Buildings erected under mistake of title\n13 Relief in case of buildings erected under mistake............................ 5\n14 Nature of relief ................................................................................. 5\n15 Application for relief ......................................................................... 7\nPart IV General\n16 Exercise of powers by Court in other proceedings, &c. ................... 7\n17 Costs ............................................................................................... 8\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 May 2016\n____________________\nENCROACHMENT OF BUILDINGS ACT 1982\nAn Act to provide for relief in respect of encroachments and\nimprovements made under mistake of title\nPart I Preliminary\n1 Short title\nThis Act may be cited as the Encroachment of Buildings Act 1982.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Interpretation\nIn this Act, unless the contrary intention appears:\nadjacent owner means the owner of land over which an\nencroachment extends.\nboundary means the boundary line between contiguous parcels of\nland.\nbuilding means a substantial building of a permanent character\nand includes a wall.\nCourt means the Supreme Court.\nencroaching owner means the owner of land contiguous to the\nboundary beyond which an encroachment extends.\nencroachment means encroachment by a building, including\nencroachment by overhang of any part as well as encroachment by\nintrusion of any part in, under or upon the soil.\nowner means:\n(a) a registered proprietor under the Land Title Act 2000;\n\nPart II Encroachment of buildings\nEncroachment of Buildings Act 1982 2\n(b) a mortgagee in possession of land under a mortgage\nregistered under the Land Title Act 2000 of a freehold estate;\n(c) where the land is held by the Crown in right of the Territory, or\nforms part of a road as defined in the Control of Roads\nAct 1953, the Territory; or\n(d) where land is held by the Crown in right of the\nCommonwealth, the Commonwealth.\nsubject land means that part of the land over which an\nencroachment extends.\nunimproved capital value, in relation to land, means the\nunimproved capital value of that land ascertained in accordance\nwith section 9 of the Valuation of Land Act 1963.\n4 Application to Crown\nThis Act binds the Crown in the right of the Territory and, so far as\nthe legislative power of the Legislative Assembly permits, the\nCrown in right of the Commonwealth.\nPart II Encroachment of buildings\n5 Application for relief in respect of encroachments\n(1) Either an adjacent owner or an encroaching owner may apply to the\nCourt for relief under this Part in respect of an encroachment.\n(2) This section applies to an encroachment whether made before or\nafter the commencement of this Act.\n6 Powers of Court on application for relief\n(1) On an application under section 5, the Court may make such order\nas it thinks fit with respect to:\n(a) the payment of compensation to the adjacent owner;\n(b) the conveyance, transfer, or lease of the subject land to the\nencroaching owner, or the grant to him of any estate or\ninterest therein or of an easement, right, or privilege in relation\nthereto; or\n(c) the removal of the encroachment.\n\nPart II Encroachment of buildings\nEncroachment of Buildings Act 1982 3\n(2) The Court may grant or refuse the relief or any part thereof as it\nthinks fit and in the exercise of this discretion may consider\namongst other matters:\n(a) whether the application is made by the adjacent owner or by\nthe encroaching owner;\n(b) the situation and value of the subject land and the nature and\nextent of the encroachment;\n(c) the character of the encroaching building and the purposes for\nwhich it may be used;\n(d) the loss and damage which has been or will be incurred by the\nadjacent owner;\n(e) the loss and damage which would be incurred by the\nencroaching owner if he were required to remove the\nencroachment; and\n(f) the circumstances in which the encroachment was made.\n7 Compensation\n(1) The minimum compensation to be paid to the adjacent owner in\nrespect of a conveyance, transfer, lease or grant under section 6 to\nthe encroaching owner shall be:\n(a) if the encroaching owner satisfies the Court that the\nencroachment was not intentional and did not arise from\nnegligence, the unimproved capital value of the subject land;\nand\n(b) in any other case, 3 times the unimproved capital value of the\nsubject land.\n(2) In determining whether the compensation shall exceed the\nminimum and if so by what amount, the Court shall have regard to:\n(a) the value, whether improved or unimproved, of the subject\nland to the adjacent owner;\n(b) the loss and damage which has been or will be incurred by the\nadjacent owner through the encroachment and through the\norder proposed to be made in favour of the encroaching\nowner; and\n(c) the circumstances in which the encroachment was made.\n\nPart II Encroachment of buildings\nEncroachment of Buildings Act 1982 4\n8 Charge on land\n(1) An order under section 6 for payment of compensation may be\nlodged with the Registrar-General and, on the Registrar-General\nreceiving the order, it operates, except so far as the Court\notherwise directs, as an overriding statutory charge within the\nmeaning of the Land Title Act 2000 on the land of the encroaching\nowner.\n(2) In this section land of the encroaching owner means the parcel of\nland contiguous to the boundary beyond which the encroachment\nextends.\n9 Determination by Court\nThe Court may determine:\n(a) in appropriate cases, and in particular where the encroaching\nowner is not an owner beneficially entitled to the fee simple\nfree from encumbrances:\n(i) by whom and in what proportions the compensation is to\nbe paid in the first instance, and is to be borne\nultimately; and\n(ii) to whom, for whose benefit and upon what limitations the\nconveyance, transfer or lease of the subject land or\ngrant of a type referred to in section 6(1)(b) in respect of\nthe subject land is to be made; and\n(b) in appropriate cases and in particular where the adjacent\nowner is not an owner beneficially entitled to the fee simple\nfree from encumbrances:\n(i) to whom, for whose benefit, and in what proportions the\ncompensation is to be paid or applied; and\n(ii) by whom the conveyance, transfer or lease of the\nsubject land or grant of a type referred to in\nsection 6(1)(b) in respect of the subject land is to be\nmade.\n10 Vesting order\nWhere the Court may make or has made an order under this Part\nwith respect to subject land, it may make such vesting order as it\nthinks fit in place of, in addition to, or in default of compliance with,\nthat order.\n\nPart III Buildings erected under mistake of title\nEncroachment of Buildings Act 1982 5\n11 Boundaries\n(1) Where any question arises as to whether an existing building\nencroaches or a proposed building will encroach beyond a\nboundary, either of the owners of the contiguous parcels of land\nmay apply to the Court for the determination under this section of\nthe true boundary.\n(2) On an application under subsection (1) the Court may make such\norders as it thinks fit for determining, marking, and recording the\ntrue boundary.\n(3) This section applies to buildings erected either before or after the\ncommencement of this Act.\n12 Persons interested\nIn an application under this Part the Court may require:\n(a) notice of the application to be given to any person who is, or\nappears to be, interested; or\n(b) that a person who is, or appears to be, interested be made a\nparty to the application.\nPart III Buildings erected under mistake of title\n13 Relief in case of buildings erected under mistake\nWhere a person erects a building on land owned by another in the\ngenuine but mistaken belief that:\n(a) such land is his property; or\n(b) such land is the property of a person on whose behalf the\nbuilding is erected or intended to be erected,\napplication may be made to the Court for relief under this Part.\n14 Nature of relief\n(1) If, in the opinion of the Court, relief should be granted to the\napplicant or to any other person, it may make an order:\n(a) vesting in a person or persons specified in the order the whole\nor any part of the land on which the building or any part\nthereof has been erected either with or without any\nsurrounding or contiguous or other land;\n\nPart III Buildings erected under mistake of title\nEncroachment of Buildings Act 1982 6\n(b) that a person or persons specified in the order shall or may\nremove the building or any part thereof from the land or any\npart of it;\n(c) that a person or persons specified in the order pay\ncompensation in respect of:\n(i) any land or part thereof;\n(ii) any building or part thereof; or\n(iii) any damage or diminution in value caused or likely to be\ncaused by or to result from the erection of a building or\nthe making of an order under this Part;\n(d) that a person or persons specified in the order have or give\npossession of the land or building or part thereof for such\nperiod and upon such terms and conditions as the Court\nspecifies,\nor any combination of those things.\n(2) An order under this Part, and any provision of the order, may:\n(a) include or be made upon and subject to such terms and\nconditions as the Court thinks fit, whether as to payment by a\nperson of an amount of money, including costs, or the\nexecution by a person of a mortgage, lease, easement,\ncontract or other instrument, or otherwise;\n(b) declare that an estate or interest in the land or any part thereof\non which the building has been erected to be free of any\nmortgage, lease, easement or other encumbrance, or may\nvary, to such extent as the Court thinks fit, a mortgage, lease,\neasement, contract, or other instrument affecting or relating to\nsuch land or any part thereof;\n(c) direct that any person or persons execute any instrument in\nregistrable or other form necessary to give effect to the\ndeclaration or order of the Court;\n(d) order a person to produce to a person specified in the order a\ntitle deed or other instrument or document relating to any land;\nor\n(e) direct a survey to be made of any land and a plan of survey to\nbe prepared.\n\nPart IV General\nEncroachment of Buildings Act 1982 7\n15 Application for relief\n(1) An application for relief under this Part may be made by:\n(a) a person who made or who is for the time being in possession\nof a building referred to in section 13; or\n(b) the Territory or a person having an estate or interest in the\nland or any part thereof upon which such building has been\nerected; or\n(c) a person claiming to be a party to or to be entitled to a benefit\nunder a mortgage, lease, easement, contract or other\ninstrument relating to such land or building; or\n(d) the successor in title to, or mortgagee or lessee of, a person\nupon whose land the building or any part thereof was intended\nto be erected; or\n(e) the consent authority within the meaning of the Planning\nAct 1999 in relation to the land on which the building is\nsituated; or\n(f) the local government council within whose area the land or\nbuilding or any part thereof is situated.\n(2) In an application under this Part the Court may require:\n(a) that notice of the application be given to any of the persons\nreferred to in subsection (1) and to any other person who is or\nappears to be interested in or likely to be affected by an order\nmade under this Part; and\n(b) that any such person be made a party to the application.\nPart IV General\n16 Exercise of powers by Court in other proceedings, &c.\n(1) In any proceeding before the Court, however originated, the Court\nmay, if it thinks fit, exercise any of the powers conferred by this Act,\nand may stay the proceeding on such terms as it thinks fit.\n(2) Where an action or proceeding is taken or is about to be taken at\nlaw by a person, and the Court is of the opinion that the matter\ncould more conveniently be dealt with by an application under this\nAct, the Court may grant an injunction, on such terms as it thinks fit,\nrestraining the person from taking or continuing the action or\nproceeding at law.\n\nPart IV General\nEncroachment of Buildings Act 1982 8\n(3) In an action or proceeding at law the Court may, if it is of the\nopinion that the matter could more conveniently be dealt with by an\napplication under this Act, stay the action or proceeding on such\nterms as the Court thinks fit.\n17 Costs\nIn an application under this Act the Court may make such order as\nto payment of costs, charges and expenses as it thinks fit and may\ntake into consideration any offer of settlement made by either party.\n\nENDNOTES\nEncroachment of Buildings Act 1982 9\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nEncroachment of Buildings Act 1982 (Act No. 66, 1982)\nAssent date 8 October 1982\nCommenced 10 December 1982 (Gaz G49, 10 December 1982, p 5)\nStatute Law Revision Act 1989 (Act No. 60, 1989)\nAssent date 2 October 1989\nCommenced 2 October 1989\nLocal Government (Consequential Amendments) Act 1993 (Act No. 84, 1993)\nAssent date 13 December 1993\nCommenced 1 June 1994 (s 2, s 2 Local Government Act 1993 (Act\nNo. 83, 1993) and Gaz S35, 20 May 1994)\nPlanning (Consequential Amendments) Act 1999 (Act No. 56, 1999)\nAssent date 14 December 1999\nCommenced 12 April 2000 (s 2, s 2 Planning Act 1999 (Act No. 55, 1999)\nand Gaz S15, 12 April 1999)\nLand Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,\n2000) and Gaz G38, 27 September 2000, p 2)\nLocal Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)\nAssent date 14 November 2008\nCommenced 1 July 2008 (s 2)\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014,\n(s 2)\n\nENDNOTES\nEncroachment of Buildings Act 1982 10\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 8, and 15.\n4 LIST OF AMENDMENTS\ns 3 amd No. 60, 1989, s 6; No. 84, 1993, s 6; No. 45, 2000, s 4; No. 28, 2008, s 3\ns 8 amd No. 60, 1989, s 6; No. 45, 2000, s 4\ns 15 amd No. 56, 1999, s 3; No. 19, 2014, s 26\ns 16 amd No. 8, 2016, s 45","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The statute’s core scope — court remedies for boundary encroachments and relief for buildings erected under mistake of title — remains the same as its original purpose. Amendments listed in the reprint are largely consequential or procedural (updating cross‑references to the Land Title Act 2000 and valuation rules). There have been targeted expansions in who may be a party or applicant (for example adding planning consent authorities and local government bodies to the list in section 15), and formal updates to definitions and registration procedures, but these do not alter the Act’s fundamental purpose or introduce a materially different policy objective."},"complexity_factors":["Short Act with 4 Parts and about 17 operative sections (compact length)","Nine defined terms in the Interpretation section (s 3) with cross‑references (Land Title Act 2000, Valuation of Land Act 1963, Control of Roads Act 1953)","Court discretion throughout (sections 6, 9, 10, 14) producing case‑by‑case outcomes rather than fixed rules","Conditional compensation formula with two distinct minimums and further discretionary increases (section 7)","Multiple procedural permutations: conveyance, lease, easement, removal, vesting orders, statutory charge registration (sections 6, 8, 10, 14)","Joinder and notice provisions for a variety of interested parties, and specific expanded applicant list (section 15)","Power to alter or clear encumbrances and to require execution of instruments — interaction with registered title and mortgages (section 14(2)(b)–(c))","Cross‑statute survey and valuation requirements (section 14(2)(e) and definition of unimproved capital value)","Apportionment rules for complex title situations (section 9)"],"plain_english_summary":"The law gives the Supreme Court power to resolve boundary encroachments and buildings erected under mistaken title, with remedies including compensation, removal, transfer/vesting, leases or easements, and registration of orders as charges. It affects adjacent and encroaching owners, mortgagees, tenants, local authorities and the Crown.\n\nWhy it matters: it centralizes disputes in one court process that can alter title and priority, impose financial penalties (including higher minimums for intentional/negligent incursions) and thereby shifts risk, costs and incentives in property dealings."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of providing relief for building encroachments and improvements made under mistake of title. The amendments shown in the endnotes are purely consequential — updating references to other renamed statutes (Land Title Act, Planning Act, Local Government Act) and machinery changes. No substantive expansion of scope has occurred since 1982."},"complexity_factors":["Moderate length (17 sections across 4 Parts, approximately 8 pages)","8 defined terms in section 3, including technical land law concepts like 'fee simple', 'mortgagee in possession', and 'unimproved capital value'","Nested conditional logic in compensation calculations (section 7): minimum compensation varies based on intention/negligence, with additional discretionary factors","Cross-references to external legislation: Land Title Act 2000, Control of Roads Act 1953, Valuation of Land Act 1963, Planning Act 1999","Multiple overlapping remedies and procedural pathways (encroachment vs mistake of title vs boundary determination)","Complex beneficial ownership tracing in section 9 (determining who ultimately bears compensation when owners hold property subject to trusts or mortgages)","Broad discretionary language ('as it thinks fit', 'in appropriate cases') requiring judicial interpretation rather than bright-line rules"],"plain_english_summary":"**What this law does:**\n\nThis law deals with situations where a building crosses over onto someone else's land — either by accident (a \"mistake of title\") or through negligence. It gives the Northern Territory Supreme Court power to sort out these disputes fairly, rather than forcing people to tear down buildings automatically.\n\n**Who it affects:**\n\n- **Property owners** whose buildings accidentally cross boundary lines (\"encroaching owners\")\n- **Neighbouring property owners** whose land has been built upon (\"adjacent owners\")\n- **Mortgagees, lessees, and other people with interests in the land** (like banks holding mortgages)\n- **Local councils and planning authorities**\n\n**Key scenarios covered:**\n\n1. **Encroachments** (Parts I-II): When a building (or part of it — including overhangs or foundations) crosses a property line. Either neighbour can apply to court. The court can:\n   - Order the building removed\n   - Transfer ownership of the affected land to the building owner (with compensation)\n   - Grant an easement (a legal right to use the land) instead of full ownership\n   - The compensation depends on whether the encroachment was intentional or negligent — accidental encroachments cost the land value; negligent ones cost triple\n\n2. **Mistake of title** (Part III): When someone builds on land they genuinely thought was theirs (or were building for someone who they thought owned it). The court has very broad powers here, including:\n   - Transferring land ownership\n   - Ordering building removal\n   - Awarding compensation for damage\n   - Setting possession terms\n\n**Why it matters:**\n\nWithout this law, a building crossing a boundary — even by centimetres — could be ordered demolished. This creates a flexible, court-based solution that balances the neighbour's property rights against the hardship of tearing down a substantial building. It recognises that sometimes keeping the building and paying fair compensation makes more sense than demolition.\n\n**Special features:**\n\n- **Compensation charges**: Unpaid compensation becomes a charge (like a mortgage) on the encroaching owner's land\n- **Crown bound**: The government itself can be sued or sue under this Act\n- **Wide court discretion**: The court considers factors like hardship, land value, and whether the encroachment was accidental\n- **Integration with other cases**: The court can use these powers in other lawsuits, or stop other lawsuits to use these procedures instead"}},"importantCases":[],"_links":{"self":"/api/acts/encroachment-of-buildings-act-1982","history":"/api/acts/encroachment-of-buildings-act-1982/history","analysis":"/api/acts/encroachment-of-buildings-act-1982/analysis","conflicts":"/api/acts/encroachment-of-buildings-act-1982/conflicts","importantCases":"/api/acts/encroachment-of-buildings-act-1982/important-cases","documents":"/api/acts/encroachment-of-buildings-act-1982/documents"}}