A Neighbour Has Built Over Your Boundary: What the Law Lets You Do, and Why a Wall Is Treated Differently
It depends on what they built and whether they built in good faith. Where a dwelling encroaches only slightly in good faith, section 1312 leaves the builder owning the structure while paying for the land and registering a servitude. Walls, carports, pipes, pumps and water tanks are not covered by that section at all.











