PROPERTY LAW ACT 1958 - SECT 271 How Crown survey boundaries may be proved in the absence of survey marks

PROPERTY LAW ACT 1958 - SECT 271

When the survey marks of any line constituting one of the original boundary lines of any Crown section allotment or other Crown parcel of land have been removed or obliterated but it is proved in some court of competent jurisdiction or (where the land is under or is proposed to be brought under the Transfer of Land Act 1958 ) to the satisfaction of the Registrar of Titles that certain buildings fences walls or other improvements of a permanent nature or a succession of such improvements—

        (a)     have ever since the removal or obliteration of such survey marks agreed in position with such original boundary line or with the particular portion thereof required to be established; or

        (b)     have for the period of fifteen consecutive years been accepted and regarded by the vendors purchasers owners and occupiers for the time being of such parcel of land as agreeing in position with such original boundary line; or

        (c)     have for the period of fifteen consecutive years been accepted and regarded by the vendors purchasers owners and occupiers for the time being of any portion of such parcel of land bounded by such Crown boundary line or by a portion thereof as agreeing in position with such original boundary line or such particular portion thereof—

such proof as aforesaid shall for all purposes be deemed and received as sufficient prima facie evidence of the true position of such original Crown survey boundary line or of such particular portion thereof as the case may be.

No. 3754 s. 271.

S. 272 amended by S.R. No. 151/1974 reg. 2.