sec.185Proceedings for relief

### sec.185 Proceedings for relief A person who has an interest in land from which an encroachment extends on to other land (an encroaching owner ) may apply to the court for relief in relation to the encroachment. A person who has an interest in land on to which an encroachment extends from other land (an affected owner ) may apply to the court for relief in relation to the encroachment. The court may make an order granting or refusing to grant the relief. In deciding whether to make an order under subsection (3) , the court may take into account the following matters— whether the application is made by an encroaching owner or an affected owner; the circumstances in which the encroachment was made; the nature and extent of the encroachment; the purposes for which the encroachment may be used; the situation and value of the land affected by the encroachment; the operation of the Planning Act 2016 , including, for example, the planning scheme under that Act that applies to the land affected by the encroachment; the loss or damage, if any, that has been or will be incurred by the affected owner because of the encroachment; the loss or damage, if any, that would be incurred by the encroaching owner if the court required the encroachment to be removed; any other circumstance the court considers relevant. The court may make any order that the nature of the case requires, including, for example, any of the following orders— an order that an affected owner transfer, lease, or grant an easement or another interest in, the land affected by the encroachment, to an encroaching owner; an order in relation to land reasonably required as curtilage and for access to the encroachment; an order requiring a plan of survey, designating the boundary of land affected by the encroachment and any land mentioned in paragraph (b) , to be prepared; an order that an encroaching owner pay an amount to an affected owner as compensation for loss or other damage arising from the encroachment; an order that the encroachment be modified or removed. (sec.185-ssec.1) A person who has an interest in land from which an encroachment extends on to other land (an encroaching owner ) may apply to the court for relief in relation to the encroachment. (sec.185-ssec.2) A person who has an interest in land on to which an encroachment extends from other land (an affected owner ) may apply to the court for relief in relation to the encroachment. (sec.185-ssec.3) The court may make an order granting or refusing to grant the relief. (sec.185-ssec.4) In deciding whether to make an order under subsection (3) , the court may take into account the following matters— whether the application is made by an encroaching owner or an affected owner; the circumstances in which the encroachment was made; the nature and extent of the encroachment; the purposes for which the encroachment may be used; the situation and value of the land affected by the encroachment; the operation of the Planning Act 2016 , including, for example, the planning scheme under that Act that applies to the land affected by the encroachment; the loss or damage, if any, that has been or will be incurred by the affected owner because of the encroachment; the loss or damage, if any, that would be incurred by the encroaching owner if the court required the encroachment to be removed; any other circumstance the court considers relevant. (sec.185-ssec.5) The court may make any order that the nature of the case requires, including, for example, any of the following orders— an order that an affected owner transfer, lease, or grant an easement or another interest in, the land affected by the encroachment, to an encroaching owner; an order in relation to land reasonably required as curtilage and for access to the encroachment; an order requiring a plan of survey, designating the boundary of land affected by the encroachment and any land mentioned in paragraph (b) , to be prepared; an order that an encroaching owner pay an amount to an affected owner as compensation for loss or other damage arising from the encroachment; an order that the encroachment be modified or removed. - (a) whether the application is made by an encroaching owner or an affected owner; - (b) the circumstances in which the encroachment was made; - (c) the nature and extent of the encroachment; - (d) the purposes for which the encroachment may be used; - (e) the situation and value of the land affected by the encroachment; - (f) the operation of the Planning Act 2016 , including, for example, the planning scheme under that Act that applies to the land affected by the encroachment; - (g) the loss or damage, if any, that has been or will be incurred by the affected owner because of the encroachment; - (h) the loss or damage, if any, that would be incurred by the encroaching owner if the court required the encroachment to be removed; - (i) any other circumstance the court considers relevant. - (a) an order that an affected owner transfer, lease, or grant an easement or another interest in, the land affected by the encroachment, to an encroaching owner; - (b) an order in relation to land reasonably required as curtilage and for access to the encroachment; - (c) an order requiring a plan of survey, designating the boundary of land affected by the encroachment and any land mentioned in paragraph (b) , to be prepared; - (d) an order that an encroaching owner pay an amount to an affected owner as compensation for loss or other damage arising from the encroachment; - (e) an order that the encroachment be modified or removed.