AustLII Tasmanian Consolidated Acts

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LAND TITLES ACT 1980 - SECT 32

Land may be described by verbal description if no survey available, &c.

(1)  Where, on the bringing of land under this Act pursuant to this Part (other than Division 1 ), there is not available to the Recorder a survey such as the Recorder could require under section 162 , the land may be described by a verbal description or by a plan prepared from information contained in a verbal description.
(2)  Where, pursuant to subsection (1) , land is described by a verbal description or by a plan prepared from information contained in a verbal description, or where, under section 143E (1) , the remainder of any land included in a title is described by a plan prepared from information contained in a verbal description –
(a) subject to subsection (2A) , an action is not to be brought against –
(i) the Recorder; or
(ii) the assurance fund; or
(iii) in the case of a plan prepared by a surveyor – that surveyor –
by reason or in respect of any difference between the area of land or the position or dimensions of the boundaries so described and the actual area, position or dimensions as found by survey; and
(b) a legal practitioner who acts for any party taking or proposing to take any estate or interest in the land is not under any duty to check that that description agrees with the description in the antecedent documents of title; and
(c) on such evidence of boundaries as the Recorder deems sufficient, the Recorder may alter the description to accord with that evidence.
(2A)  Where, pursuant to subsection (1) , the Recorder describes land by –
(a) a verbal description; or
(b) a plan prepared from information contained in a verbal description –
subsection (2) (a) does not exempt the Recorder from any liability under section 153 as a result of any omission, mistake or misfeasance of the Recorder or any of the Recorder's officers in respect of that description.
(3)  The fact that land comprised in a folio of the Register is described by a verbal description or by a plan prepared from information contained in a verbal description shall be conclusive evidence that at the time the verbal description or plan was first inserted in that folio no survey such as the Recorder could require under section 162 was available to the Recorder.
(4)  The Recorder may, at any time –
(a) add to a verbal description a plan prepared from information contained in that description; or
(b) replace a verbal description with a plan prepared from information contained in that description or with a plan from actual survey; or
(c) replace a plan prepared from information contained in a verbal description with an amended or corrected plan of the same kind or with a plan from actual survey.
(4A)  A plan prepared from –
(a) information contained in a verbal description; or
(b) a plan prepared from information contained in a verbal description –
is to be endorsed "sketch by way of illustration only" .
(5)  A plan or sketch by way of illustration only shall not in any way govern, control, restrict, or enlarge the verbal description from which it has been prepared.
(6)  In this section verbal description means a description –
(a) by metes and bounds; or
(b) in such form as may be prescribed.


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