3Encroachments

#### 3 Encroachments 3 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 may deem 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 the encroaching owner 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 the encroaching owner were required to remove the encroachment, > > > > > (f) the circumstances in which the encroachment was made. > > > (4) The Court may refer any question involved in proceedings on the application to: > > > > > (a) any registered land surveyor (within the meaning of the [Surveying and Spatial Information Act 2002](/view/html/inforce/current/act-2002-083)), or > > > > > (b) any valuer. > > > (5) This section applies to encroachments made either before or after the commencement of this Act. > > **s 3:** Am 2002 No 83, Sch 2.7 \[1\]; 2008 No 62, Sch 2.20; 2009 No 119, Sch 2.9; 2015 No 48, Sch 1.10 \[1\].