{"id":"encroachments-act-1944","name":"Encroachments Act 1944","slug":"encroachments-act-1944","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31978,"registerId":"sa-encroachments-act-1944-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Encroachments Act 1944","content":"South Australia\nEncroachments Act 1944\nAn Act to provide for the adjustment of boundaries where buildings or walls encroach on adjoining land; to facilitate the determination of boundaries; and for purposes connected therewith.\n\nContents\n1\tShort title\n2\tInterpretation\n3\tJurisdiction\n4\tApplication to court in respect of encroachments\n5\tCompensation\n6\tCharge on land\n7\tEncroaching owner—compensation and conveyance\n8\tAdjacent owner—compensation and conveyance\n9\tVesting order\n10\tBoundaries\n11\tSuit, action, or other proceeding\n12\tPersons interested\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Encroachments Act 1944.\n2—Interpretation\nIn this Act, unless the context otherwise requires or some other meaning is clearly intended—\nadjacent owner means the owner of land over which an encroachment extends;\nboundary means the boundary line between contiguous parcels of land;\nbuilding means a substantial building of a permanent character and includes a wall;\ncourt means a court which has jurisdiction in the particular matter;\nencroaching owner means the owner of the land contiguous to the boundary beyond which an encroachment extends;\nencroachment 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;\nowner means any person entitled to an estate of freehold in possession—\n\t(a)\twhether in fee simple or for life or otherwise;\n\t(b)\twhether at law or in equity;\n\t(c)\twhether absolutely or by way of mortgage;\nand includes a mortgagee under a registered mortgage of a freehold estate in possession in land under the Real Property Act 1886;\nsubject land means that part of the land of the adjacent owner over which an encroachment extends.\n3—Jurisdiction\nThe jurisdiction with which a court is invested under and pursuant to this Act will (subject to section 11) be exercised by the Supreme Court.\n4—Application to court in respect of encroachments\n\t(1)\tEither an adjacent owner or an encroaching owner may apply to the court for relief under this Act in respect of any encroachment.\n\t(2)\tOn the application the court may make such orders as it deems just with respect to—\n\t(a)\tthe payment of compensation to the adjacent owner;\n\t(b)\tthe 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;\n\t(c)\tthe removal of the encroachment.\n\t(3)\tThe 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—\n\t(a)\tthe fact that the application is made by the adjacent owner or by the encroaching owner, as the case may be;\n\t(b)\tthe situation and value of the subject land, and the nature and extent of the encroachment;\n\t(c)\tthe character of the encroaching building, and the purposes for which it may be used;\n\t(d)\tthe loss and damage which has been or will be incurred by the adjacent owner;\n\t(e)\tthe loss and damage which would be incurred by the encroaching owner if he were required to remove the encroachment;\n\t(f)\tthe circumstances in which the encroachment was made.\n\t(4)\tThis section applies to encroachments made either before or after the commencement of this Act.\n5—Compensation\n\t(1)\tThe minimum compensation to be paid to the adjacent owner in respect of any conveyance, transfer, lease, or grant to the encroaching owner shall, if the encroaching owner satisfies the court that the encroachment was not intentional, and did not arise from negligence, be the unimproved capital value of the subject land, and in any other case three times such unimproved capital value.\n\t(2)\tIn determining whether the compensation shall exceed the minimum, and if so, by what amount, the court shall have regard to—\n\t(a)\tthe value, whether improved or unimproved, of the subject land to the adjacent owner;\n\t(b)\tthe loss and damage which has been or will be incurred by the adjacent owner through the encroachment and through the orders proposed to be made in favour of the encroaching owner;\n\t(c)\tthe circumstances in which the encroachment was made.\n6—Charge on land\n\t(1)\tThe order for payment of compensation may be registered in the Lands Titles Office or the General Registry Office in such manner as the Registrar-General determines, and shall, except so far as the court otherwise directs, upon registration operate as a charge upon the land of the encroaching owner and shall have the same priority as if it were a mortgage registered at the time when the order is registered.\n\t(2)\tIn this section the land of the encroaching owner means the parcel of land contiguous to the boundary beyond which the encroachment extends, or such part thereof as the court specifies in the order.\n7—Encroaching owner—compensation and conveyance\nWherever the court sees fit, and in particular where the encroaching owner is not an owner beneficially entitled to the fee simple free from encumbrances, the court may determine—\n\t(a)\tby whom and in what proportions the compensation is to be paid in the first instance, and is to be borne ultimately;\n\t(b)\tto whom, for whose benefit, and upon what limitations the conveyance, transfer or lease of the subject land or grant in respect thereof is to be made.\n8—Adjacent owner—compensation and conveyance\nWherever the court sees fit, and in particular where the adjacent owner is not an owner beneficially entitled to the fee simple free from encumbrances, the court may determine—\n\t(a)\tto whom, for whose benefit, and in what proportions the compensation is to be paid or applied; and\n\t(b)\tby whom the conveyance, transfer or lease of the subject land or grant in respect thereof is to be made.\n9—Vesting order\nWherever the court may make or has made an order under this Act with respect to the subject land, the court may make such vesting order as it deems proper in lieu thereof or in addition thereto, or in default of compliance therewith.\n10—Boundaries\n\t(1)\tWhere any question arises, whether an existing building encroaches or a proposed building will encroach beyond the boundary, either of the owners of the contiguous parcels of land may apply to the court for the determination under this Act of the true boundary.\n\t(2)\tOn the application the court may make such orders as it deems proper for determining, marking, and recording the true boundary.\n\t(3)\tThis section applies to buildings erected either before or after the commencement of this Act.\n11—Suit, action, or other proceeding\n\t(1)\tIn any proceeding before a court, however originated, the court may, if it sees fit, exercise any of the powers conferred by this Act, and may stay the proceeding on such terms as it deems proper.\n\t(2)\tWhere any proceeding is taken or is about to be taken by any person, and the court in which the proceeding is taken or is about to be taken, or the Supreme Court, is of opinion that the matter could more conveniently be dealt with by an application under this Act, the court may grant an injunction on such terms as it may deem proper, restraining the person from taking or continuing the proceedings.\n\t(3)\tIn any proceeding the court may, if it is of opinion that the matter could more conveniently be dealt with by an application under this Act, stay the action on such terms as it deems proper.\n12—Persons interested\nIn any application under this Act the court may require—\n\t(a)\tthat notice of the application shall be given to any person interested;\n\t(b)\tthat any person interested shall be made a party to the application.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1944\n24\nEncroachments Act 1944\n14.12.1944\n14.12.1944\n1969\n53\nEncroachments Act Amendment Act 1969\n4.12.1969\n21.5.1970 (Gazette 21.5.1970 p1842)\n2019\n45\nSupreme Court (Court of Appeal) Amendment Act 2019\n19.12.2019\nSch 1 (cll 42 & 43)—1.1.2021 (Gazette 10.12.2020 p5638)\nProvisions amended since 3 February 1976\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\ns 2\n\n\nthe Land and Valuation Court\ndeleted by 45/2019 Sch 1 cl 42\n1.1.2021\ns 3\namended by 45/2019 Sch 1 cl 43\n1.1.2021\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: resolving boundary encroachment disputes. The 1969 and 2019 amendments were technical updates (removing references to the defunct Land and Valuation Court and updating Supreme Court procedures) rather than expansions of scope. The Act has not grown beyond its initial remit of providing judicial remedies for encroachments and boundary determinations."},"complexity_factors":["Only 12 substantive sections, approximately 1,500 words total","8 defined terms in the interpretation section, all straightforward (e.g., 'building', 'boundary', 'owner')","No nested exceptions or complex conditional logic—main discretion in section 4(3) uses simple 'may consider' factors","Single cross-reference (section 3 references section 11 regarding jurisdiction)","Clear structure following logical sequence: definitions → jurisdiction → applications → remedies → enforcement","Minimal amendments since 1944 (only 2 amendment acts in 75+ years)"],"plain_english_summary":"This law deals with what happens when someone's building accidentally (or deliberately) crosses over onto their neighbour's property in South Australia.\n\n**What it does:**\n- Provides a way to resolve disputes when a building, wall, or structure 'encroaches' (extends over or onto) neighbouring land\n- Lets either the person whose land is being encroached upon ('adjacent owner') or the person whose building is doing the encroaching ('encroaching owner') apply to the Supreme Court for help\n\n**What the court can do:**\n- Order the encroaching owner to pay compensation to the neighbour\n- Transfer ownership of the encroached land to the encroaching owner (instead of forcing them to demolish their building)\n- Grant rights to use the land (like an easement) without full ownership\n- Order the building to be removed if that's fairer\n- Determine exactly where the true boundary between properties lies\n\n**How compensation works:**\n- If the encroachment was accidental and not negligent: minimum payment is the unimproved land value\n- If intentional or negligent: minimum payment is **three times** the unimproved land value\n- The court can award more based on actual losses suffered\n\n**Why it matters:**\nWithout this law, neighbours would be stuck with expensive demolition orders or endless court battles. This provides a practical, flexible solution that balances the interests of both parties—protecting property rights while avoiding wasteful destruction of buildings.\n\n**Who it affects:**\n- Property owners in South Australia\n- Mortgagees (banks/lenders with security over property)\n- Anyone involved in building work near property boundaries"},"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":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess scope changes from original intent as the legislative text was not retrievable. Based on general knowledge, the Act has remained a focused property boundary dispute resolution mechanism since 1944 with no known major expansions of scope."},"complexity_factors":["No legislative text was available for analysis — only a website error page was provided","Based on general knowledge, the Act is historically a narrow, single-purpose piece of property legislation with limited provisions","Deals with a relatively straightforward legal concept (boundary encroachments) without extensive regulatory machinery","As a 1944 Act it predates complex modern legislative drafting conventions, likely making it relatively short and direct"],"plain_english_summary":"The Encroachments Act 1944 (SA) provides a legal way to resolve disputes where a structure crosses a property boundary by allowing courts to order practical outcomes—such as permitting the encroachment to remain in return for compensation—rather than mandating demolition. It affects South Australian property owners in boundary disputes by giving courts flexibility to reach fair, cost‑effective solutions."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's substantive remedies remain, but jurisdictional allocation has changed: s 3 now provides that the Act's jurisdiction is exercised by the Supreme Court. Legislative history shows deletion of the Land and Valuation Court and amendment of s 3 by the Supreme Court (Court of Appeal) Amendment Act 2019 (Sch 1, cll 42 & 43), effective 1 Jan 2021, consolidating jurisdiction in the Supreme Court while leaving the Act's substantive scope intact."},"complexity_factors":["Broad judicial discretion over remedies and factors to be weighed (ss 4(2)–(3)): court may order removal, conveyance, lease, easement or compensation and decide which relief to grant.","Statutory valuation rule with a multiplicative penalty (s 5(1)): minimum compensation set at unimproved capital value or three times that if intentional or negligent, creating valuation and causation disputes.","Power to register compensation orders as charges with mortgage-like priority (s 6(1)): interacts with land title systems and secured interests.","Ability to make vesting orders and specify beneficiaries/limits (ss 7–9): affects title, third-party rights and future dispositions.","Multiple interested parties and allocation of payments/benefits (ss 7–8, 12): increases procedural complexity and potential for contested parties.","Retrospective and prospective coverage (s 4(4), s 10(3)): applies to encroachments and buildings erected before or after commencement, raising evidential issues.","Overlap with other proceedings and interlocutory powers (s 11): courts can stay or injunct other proceedings in favour of application under this Act.","Fault assessment (intent/negligence) is outcome-determinative for minimum compensation (s 5(1)(a)): creates litigation over state of mind and standard of care."],"plain_english_summary":"This Act lets an adjacent owner or an encroaching owner apply to the court to resolve a building or wall encroachment; the court can order compensation, removal, transfer, lease, easement or determination and marking of the true boundary (ss 4, 5, 10). Compensation is payable by the encroaching owner with a statutory floor (unimproved capital value where not intentional/negligent; otherwise three times that) and compensation orders can be registered as a charge on land; the court has broad discretion in weighing remedies and fault (ss 4(3), 5, 6)."}},"importantCases":[],"_links":{"self":"/api/acts/encroachments-act-1944","history":"/api/acts/encroachments-act-1944/history","analysis":"/api/acts/encroachments-act-1944/analysis","conflicts":"/api/acts/encroachments-act-1944/conflicts","importantCases":"/api/acts/encroachments-act-1944/important-cases","documents":"/api/acts/encroachments-act-1944/documents"}}