Section 324 — Property Law Act 2007: Matters court may consider in determining application for relief

324 Matters court may consider in determining application for relief (1) In determining an application, under section 322 , for relief under section 323 , the court may have regard to— (a) the reasons why the wrongly placed structure was placed on or over the land affected; and (b) the conduct of the parties; and (c) the extent to which any person has been unjustifiably enriched at the expense of the person seeking relief because the owner of the land affected has become the owner of the wrongly placed structure. (2) Subsection (1) does not prevent the court from granting relief merely because the person seeking relief knew of the true boundaries or ownership of the land affected at the time that the structure was placed there, or at the time when that person became the owner of, or acquired an estate or interest in, the land affected, the land intended, or the structure. Compare: 1952 No 51 ss 129 , 129A