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TRANSFER OF LAND ACT 1893 - SECT 153

TRANSFER OF LAND ACT 1893 - SECT 153

153 .         Aliquot parts of Crown section having excess of area

                Where a Crown section has been subdivided by the Crown into allotments or portions of equal area and by reason of excessive measurements in the original Crown survey the area of the section as marked on the ground by the survey boundaries exceeds the sum of the areas of all the allotments or portions as shown by any plan or description used at the Crown sale or as deducible from any Crown grant of any such allotment or portion the total excess of area of the section shall be deemed originally distributable amongst the allotments or portions equally; and every Crown grant or transfer of Crown land in fee simple purporting to be a grant or transfer of one of such allotments or portions shall where the original subdivisional survey boundaries thereof do not exist or if not inconsistent with such boundaries where they do exist be construed to be a grant of such aliquot part of the total area included within the survey boundaries of such section as is obtained by dividing such area by the number of original allotments or portions.

        [Section 153 amended: No. 31 of 1997 s. 121.]