2Definitions

2 Definitions

2 Definitions

In this Act, unless the context or subject-matter otherwise indicates or requires:

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 the Land and Environment Court.

Encroaching owner means the owner of 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 1900.

Subject land means that part of the land over which an encroachment extends.

s 2: Am 1989 No 171, Sch 2 (2).