TRANSFER OF LAND ACT 1893 - SECT 154
TRANSFER OF LAND ACT 1893 - SECT 154
154 . How boundaries may be proved in absence of survey marks
When the survey marks
of the boundaries of any section allotment or other parcel of land have been
removed or obliterated but it is proved in some court of competent
jurisdiction or to the satisfaction of the Commissioner of Titles (where the
land is under The Transfer of Land Act 1874 , or is under or is proposed to be
brought under the operation of this Act) in any proceeding or application in
which the boundaries of such parcel of land have to be determined 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 indicated or
agreed in position with the boundaries originally marked on the ground by the
survey marks so removed or obliterated; or
(b) have
for the full period of 20 years without interruption been used and regarded by
the owner or occupier or successive owners or occupiers of such parcel of land
as marking or agreeing in position with the boundaries of the parcel of land
comprised in the document of title under or by virtue of which such land is or
has been occupied,
such proofs as
aforesaid shall be deemed and received as sufficient evidence of the true
positions of the original survey boundaries of such parcel of land.
[Section 154 amended: No. 19 of 2010 s. 51.]