Section 323 — Property Law Act 2007: Court may grant relief for wrongly placed structure

323 Court may grant relief for wrongly placed structure (1) A court may grant relief for a wrongly placed structure— (a) to any person entitled to apply for relief under section 322 ; or (b) to any other party to the proceeding for relief. (2) The court may grant relief if the court considers it is just and equitable in the circumstances that relief should be granted. (3) However, the court must not grant relief if the wrongly placed structure for which relief is sought is a fence and all questions or disputes concerning it can be resolved by an exercise of the jurisdiction conferred by section 24 of the Fencing Act 1978. (4) The granting of relief does not deprive any person of any claim for damages that the person would otherwise have against any other person for any deliberate or negligent act or omission in relation to— (a) the placing of a wrongly placed structure; or (b) the fixing or ascertaining of any boundary of the land affected by the structure or the land intended for the structure. (5) In making any award of damages, the court must take into account any relief granted under this section. Compare: 1952 No 51 ss 129 , 129A