Western Australian Current Acts

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PLANNING AND DEVELOPMENT ACT 2005 - SECT 166

166 .         Encroachment that leads to approved subdivision

                If, after the erection of a building on land the property of one owner —

            (a)         it is found that the building encroaches upon land the property of another owner to the extent of not more than one metre; and

            (b)         the encroaching owner desires to purchase the land upon which the encroachment stands; and

            (c)         an application for approval of the necessary subdivision is made by the owner of the land encroached upon; and

            (d)         the Commission is satisfied that there has not been collusion and that everything has been done in good faith without intention to evade the law,

                the Commission is to approve of the necessary subdivision.



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