sec.186Minimum compensation

### sec.186 Minimum compensation If the court makes an order under section 185 (5) (d) , the amount of compensation must be at least— if the encroaching owner satisfies the court that the encroachment was not intentional and did not arise from negligence—the market value of the interest in the land affected by the encroachment; or otherwise—3 times the market value of the interest in the land affected by the encroachment. In deciding whether to make an order under section 185 (5) (d) that is more than the minimum amount of compensation under subsection (1) , the court must take into account— the value of the interest in the land affected by the encroachment; and the loss or damage, if any, that has been or will be incurred by the affected owner because of the encroachment and any order proposed to be made by the court in favour of the encroaching owner; and the circumstances in which the encroachment was made. (sec.186-ssec.1) If the court makes an order under section 185 (5) (d) , the amount of compensation must be at least— if the encroaching owner satisfies the court that the encroachment was not intentional and did not arise from negligence—the market value of the interest in the land affected by the encroachment; or otherwise—3 times the market value of the interest in the land affected by the encroachment. (sec.186-ssec.2) In deciding whether to make an order under section 185 (5) (d) that is more than the minimum amount of compensation under subsection (1) , the court must take into account— the value of the interest in the land affected by the encroachment; and the loss or damage, if any, that has been or will be incurred by the affected owner because of the encroachment and any order proposed to be made by the court in favour of the encroaching owner; and the circumstances in which the encroachment was made. - (a) if the encroaching owner satisfies the court that the encroachment was not intentional and did not arise from negligence—the market value of the interest in the land affected by the encroachment; or - (b) otherwise—3 times the market value of the interest in the land affected by the encroachment. - (a) the value of the interest in the land affected by the encroachment; and - (b) the loss or damage, if any, that has been or will be incurred by the affected owner because of the encroachment and any order proposed to be made by the court in favour of the encroaching owner; and - (c) the circumstances in which the encroachment was made.