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Encroachments can come in various shapes and sizes and may occur over all types of property including community land, roads, easements and private land.

An encroachment may be a building, an overhanging veranda or balcony, infrastructure, a driveway, fence, shed or other matter resulting in unauthorised occupancy by a party over someone else’s property (often Council’s).

At our first Local Government Forum in our new offices on Pirie Street, we will provide a comprehensive overview of encroachments and the numerous laws applicable to them.

This will be an interactive session where we will examine the risks associated with encroachments and discuss the options that are available for dealing with them, including the following:

  • a negotiated land transfer (land division/road closure).
  • action under the Encroachments Act;
  • occupancy arrangements such as leases or licences;
  • Section 221 Authorisations and Section 222 Permits in relation to encroachments over roads; and
  • relying on common law principles to obtain damages for or remove an encroachment where all else fails.

Determining the monetary value of land that is the subject of an encroachment can be complex, especially when it is Council land. We will invite a valuer to join our panel of Local Government lawyers to discuss the process and issues involved in valuing encroachments, including some case studies for discussion.

This Forum is relevant to all areas of Council administration and will cover property interests, conveyancing, planning and environmental issues, building and engineering matters, procurement, governance and policy development.

Register online

Places are strictly limited due to COVID-19 guidelines. To register your attendance, please email Laura Hillier by Friday 23 October 2020, by clicking here.

Got a question?

Our LG Forums are intended to be interactive events. We encourage all participants to ask questions and engage in discussion throughout the forum. Alternatively, you can submit any questions anonymously in advance via the link below.

Submit your questions here.