20 Apr 2017
BOYER v MCCRACKEN [2017] NZHC 755
- Citation
- (2017)18 NZCPR 671
- Court
- High Court
The Court held it had jurisdiction under s323 of the Property Law Act 2007 to grant relief for a wrongly placed structure despite cross-lease titles and the intentional historical placement of the path; on a balancing of detriments it was just and equitable to vest the circa 11m2 path strip in the plaintiffs, subject to compensation and ancillary amendments, and awarded compensation of NZD 85,000 plus survey and conveyancing costs.