A claim for injurious affection following a partial acquisition of land requires a well-structured, evidence-based approach grounded in the Acquisition of Land Act 1967 (Qld) and relevant case law. Achieving the best possible outcome involves engaging a team of specialists with experience in these types of claims.
Understanding Injurious Affection
Injurious affection occurs when part of a property is resumed, resulting in a diminished value of the remaining land due to:
- Loss of access, amenity, or privacy
- Proximity to new infrastructure (e.g. roads, railways)
- Reduced development potential
- Noise, dust, or environmental impacts
- Visual intrusion or changes to the character of the area
Key Steps to Maximise Your Claim
Engage a Specialist Valuer Early
- Appoint a valuer experienced in compulsory acquisitions and injurious affection. We can provide recommendations.
- Obtain a before-and-after valuation, clearly quantifying the impact on the retained land.
- Ensure the valuer accounts for both market data and subjective (non-market) detriments.
Assess Functional Impacts
- Determine whether the property’s usability or enjoyment will be affected, particularly for residential properties.
- Consider any restrictions on future development (e.g. changes to minimum lot sizes, access, or building setbacks).
- Assess encroachment impacts, including the proximity of new infrastructure to the remaining land.
Consider Planning & Engineering Evidence
- Engage a town planner to demonstrate any loss of development potential under the Planning Scheme.
- Obtain engineering reports to support your claim regarding practical constraints. For instance, project works may increase flood risks, alter driveway access, or create compliance issues with local government requirements.
For a comprehensive checklist summarising these steps, [click here].
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal counsel or other expert advice. Any person relying on this information does so at their own risk and should seek independent legal and professional advice tailored to their specific circumstances. No lawyer-client relationship is established through the use of this content. While every effort has been made to ensure accuracy, we do not warrant its completeness or applicability to any particular situation.
