Practitioners acting in encroachment disputes under the Encroachments Act 1944 (SA) should note that the court will treat the entire area enclosed by encroaching walls as the encroachment (not just the wall footprint), that psychological impact evidence is inadmissible to the discretionary exercise, that equitable laches cannot defeat a statutory encroachment claim, and that valuation should be on an amalgamation basis reflecting per-square-metre value to adjoining owners. Where encroachment cannot be shown to be non-negligent, the treble compensation default under s 5(1) applies and purchasers with notice bear that risk.
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