Doctrine of Encroachment

Encroachment upon land happens where there is a moving of the boundaries of adjoining land so that the owner or occupier of one piece of land deliberately or unknowingly takes some of the adjoining land.

The doctrine of encroachment means that a lessee/tenant is deemed to possess neighbouring land not included in the demise on behalf of the lessor/landlord.

Equate “Existing” with “Original”

The determination of land boundaries is always a matter for a Court. An expert must furnish the Court with the necessary criteria for testing the reliability and accuracy of his conclusions so as to enable the Court to form its own independent judgment.