sec.188Proceedings for relief

### sec.188 Proceedings for relief This section applies to each of the following persons— a person (the first person ) who makes a lasting improvement on land owned by someone else in the genuine but mistaken belief that the first person owns the land; a person who, on behalf of another person (the second person ), makes a lasting improvement on land owned by someone else in the genuine but mistaken belief that the second person owns the land; a person who has an interest in land, or a lasting improvement, mentioned in paragraph (a) or (b) ; a local government within whose area any part of land, or a lasting improvement, mentioned in paragraph (a) or (b) , is located. The person may apply to the court for relief in relation to the lasting improvement. 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 a person who held a mistaken belief about the ownership of the land on which the lasting improvement was made, or a person who has an interest in the land or lasting improvement; the circumstances in which the lasting improvement was made; the nature and extent of the lasting improvement; the purposes for which the lasting improvement may be used; the situation and value of the land affected by the lasting improvement; the operation of the Planning Act 2016 , including, for example, the planning scheme under that Act that applies to the land affected by the lasting improvement; the loss or damage, if any, that has been or will be incurred by a person because of the lasting improvement; the loss or damage, if any, that would be incurred by a person if the court required the lasting improvement to be removed; any other circumstance the court considers relevant. Without limiting subsection (3) , the court may make any of the following orders— an order that a person transfer, lease, or grant an easement or another interest in, the land or any part of the land affected by the lasting improvement, to another person; an order declaring that an interest in the land or any part of the land affected by the lasting improvement is free from a mortgage, lease, easement or other interest affecting the land; an order varying, to the extent necessary in the circumstances, a mortgage, lease, easement, contract or other document affecting or relating to the land affected by the lasting improvement; an order in relation to land reasonably required as curtilage and for access to the lasting improvement; an order that a person pay an amount to another person as compensation for loss of the land, or other loss or damage arising from the lasting improvement; an order that the lasting improvement be modified or removed; an order requiring a plan of survey, designating the boundary of land affected by the lasting improvement and any land mentioned in paragraph (d) , to be prepared. In this section— fence has the meaning given by the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 . lasting improvement does not include a fence. (sec.188-ssec.1) This section applies to each of the following persons— a person (the first person ) who makes a lasting improvement on land owned by someone else in the genuine but mistaken belief that the first person owns the land; a person who, on behalf of another person (the second person ), makes a lasting improvement on land owned by someone else in the genuine but mistaken belief that the second person owns the land; a person who has an interest in land, or a lasting improvement, mentioned in paragraph (a) or (b) ; a local government within whose area any part of land, or a lasting improvement, mentioned in paragraph (a) or (b) , is located. (sec.188-ssec.2) The person may apply to the court for relief in relation to the lasting improvement. (sec.188-ssec.3) The court may make an order granting or refusing to grant the relief. (sec.188-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 a person who held a mistaken belief about the ownership of the land on which the lasting improvement was made, or a person who has an interest in the land or lasting improvement; the circumstances in which the lasting improvement was made; the nature and extent of the lasting improvement; the purposes for which the lasting improvement may be used; the situation and value of the land affected by the lasting improvement; the operation of the Planning Act 2016 , including, for example, the planning scheme under that Act that applies to the land affected by the lasting improvement; the loss or damage, if any, that has been or will be incurred by a person because of the lasting improvement; the loss or damage, if any, that would be incurred by a person if the court required the lasting improvement to be removed; any other circumstance the court considers relevant. (sec.188-ssec.5) Without limiting subsection (3) , the court may make any of the following orders— an order that a person transfer, lease, or grant an easement or another interest in, the land or any part of the land affected by the lasting improvement, to another person; an order declaring that an interest in the land or any part of the land affected by the lasting improvement is free from a mortgage, lease, easement or other interest affecting the land; an order varying, to the extent necessary in the circumstances, a mortgage, lease, easement, contract or other document affecting or relating to the land affected by the lasting improvement; an order in relation to land reasonably required as curtilage and for access to the lasting improvement; an order that a person pay an amount to another person as compensation for loss of the land, or other loss or damage arising from the lasting improvement; an order that the lasting improvement be modified or removed; an order requiring a plan of survey, designating the boundary of land affected by the lasting improvement and any land mentioned in paragraph (d) , to be prepared. (sec.188-ssec.6) In this section— fence has the meaning given by the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 . lasting improvement does not include a fence. - (a) a person (the first person ) who makes a lasting improvement on land owned by someone else in the genuine but mistaken belief that the first person owns the land; - (b) a person who, on behalf of another person (the second person ), makes a lasting improvement on land owned by someone else in the genuine but mistaken belief that the second person owns the land; - (c) a person who has an interest in land, or a lasting improvement, mentioned in paragraph (a) or (b) ; - (d) a local government within whose area any part of land, or a lasting improvement, mentioned in paragraph (a) or (b) , is located. - (a) whether the application is made by a person who held a mistaken belief about the ownership of the land on which the lasting improvement was made, or a person who has an interest in the land or lasting improvement; - (b) the circumstances in which the lasting improvement was made; - (c) the nature and extent of the lasting improvement; - (d) the purposes for which the lasting improvement may be used; - (e) the situation and value of the land affected by the lasting improvement; - (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 lasting improvement; - (g) the loss or damage, if any, that has been or will be incurred by a person because of the lasting improvement; - (h) the loss or damage, if any, that would be incurred by a person if the court required the lasting improvement to be removed; - (i) any other circumstance the court considers relevant. - (a) an order that a person transfer, lease, or grant an easement or another interest in, the land or any part of the land affected by the lasting improvement, to another person; - (b) an order declaring that an interest in the land or any part of the land affected by the lasting improvement is free from a mortgage, lease, easement or other interest affecting the land; - (c) an order varying, to the extent necessary in the circumstances, a mortgage, lease, easement, contract or other document affecting or relating to the land affected by the lasting improvement; - (d) an order in relation to land reasonably required as curtilage and for access to the lasting improvement; - (e) an order that a person pay an amount to another person as compensation for loss of the land, or other loss or damage arising from the lasting improvement; - (f) an order that the lasting improvement be modified or removed; - (g) an order requiring a plan of survey, designating the boundary of land affected by the lasting improvement and any land mentioned in paragraph (d) , to be prepared.