What is an Encroachment and what can you do about it?

Inger Brettle

Encroachment1 300x148 What is an Encroachment and what to do about it?

A building encroaching on a neighbouring plot of land

Let me start by explaining what an encroachment is: An encroachment occurs when part of a building on a certain block of land intrudes another parcel of land next to it.

The NSW Encroachment of Buildings Act (1922) stipulates that “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”.

Some encroachments are obvious, whilst others might be harder to pick, such as the foundations of a building. Whether encroachments must be removed depends on a number of factors ...

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