TRANSFER OF LAND ACT 1893 - SECT 155
TRANSFER OF LAND ACT 1893 - SECT 155
155 . Margin of error allowed in description of boundaries
(1) From and after the
coming into operation of this Act the dimensions of the boundaries of any
parcel of land as stated in any document of title now made or hereafter to be
made relating to such land or as represented on any graphic endorsed on,
annexed to, referred to in or otherwise linked or connected to, any such
document of title shall unless such construction is expressly negatived or
modified by such document of title or contract be construed as though the
phrase “a little more or less” immediately followed and referred
to the dimensions so stated or represented.
(2) Such phrase shall
in all cases whether so implied or expressed be deemed to cover any difference
between the dimensions so stated or represented as aforesaid and the actual
dimension of such boundaries as found by admeasurement on the ground when such
difference does not exceed the following limits that is to say a limit of 50
millimetres for any one boundary line irrespective of its length where the
length does not exceed 40 metres but where it exceeds 40 metres a limit
equivalent to 1 in 500 computed upon the total length of such boundary line.
(3) No action shall be
brought by reason or in respect of such difference (whether of excess or
deficit) where it does not exceed the aforesaid limits.
(4) In any case where
such difference does exceed such limits an action for damages or compensation
in respect thereof shall only lie in respect of such excess.
[Section 155 amended: No. 94 of 1972 s. 4; No. 6
of 2003 s. 48; No. 19 of 2010 s. 51.]