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LAND ACT 1994 - SECT 358
Changing deeds of grant—change in description or boundary of land
358 Changing deeds of grant—change in description or boundary of land
(1) A registered owner or trustee may surrender the land contained in the
registered owner’s deed of grant or trustee’s deed of grant in trust if
the description of the land is no longer correct because of— (a) an exchange
of land under chapter 2 , part 1 ; or
(b) a sale or disposal of all or part
of a reservation under chapter 2 , part 2 ; or
(c) the addition of land under
chapter 3 , part 1 , division 3 ; or
(d) a boundary correction or amendment
under chapter 3 , part 1 , division 4 ; or
(e) the opening or closing of a
road, through or adjoining any land held in fee simple, under section 109 (2)
(b) , 109A or 109B ; or
(f) a sale without competition under chapter 4 , part
1 , division 2 .
(2) A registered owner or trustee, with the chief
executive’s written approval, may surrender the land contained in the
registered owner’s deed of grant or trustee’s deed of grant in trust if,
on resurvey of the land, the boundaries of the land do not agree with the
boundaries described in the existing deed or appropriate plan, and no doubt
exists about the boundaries of the land.
(3) On the surrender of the land—
(a) the deed of grant or deed of grant in trust is cancelled; and
(b) a new
deed must be issued containing the land to which the registered owner or
trustee is entitled.
(4) When issuing any new deed under this section, the
Governor in Council may amend or change the description of the land.
(5) The
registrar of titles must register the new deed and must record on the deed all
mortgages, leases, easements or other transactions that were recorded on the
deed surrendered.
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