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ENCROACHMENT OF BUILDINGS ACT 1922 - SECT 5
Charge on land
5 Charge on land
(1) The order for payment of compensation shall except so far as the Court may
therein otherwise direct, upon registration operate as a charge upon the land
of the encroaching owner in priority to any charge created by the encroaching
owner or by his or her predecessor in title.
(2) In this section the land of
the encroaching owner means the parcel of land contiguous to the boundary
beyond which the encroachment extends, or such part thereof as the Court may
specify in the order.
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