s 82

Removal of unauthorised encroachments, protection structures

In force

(1)

An owner of the land into, onto, or over which has been placed a part of a building or structure that is mainly located on other land —

(a)

contrary to section 76(1); or

(b)

without an authority under a written law that was required by the written law applicable at the time,

may, without a building permit or a demolition permit, remove the encroaching part as long as any damage caused by the removal is made good.

(2)

An owner of the land into or onto which a protection structure has been placed —

(a)

contrary to section 78(1); or

(b)

without an authority under a written law that was required by the written law applicable at the time,

may, without a building permit or a demolition permit, remove the protection structure as long as any damage caused by the removal is made good.

(3)

Subsections (1) and (2) —

(a)

do not apply to a party wall or dividing fence; and

(b)

do not affect any other right at law that the owner has in respect of the encroaching part or the protection structure; and

(c)

do not affect the operation of the Land Administration Act 1997 section 270.

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