Victorian Current Acts

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TRANSFER OF LAND ACT 1958 - SECT 102

Adjustment of discrepancies in boundaries

S. 102(1) amended by No. 18/1989 s. 12(Sch. 1 item 153(a)(b)).

    (1)     If land included in any application to bring land under this Act or in any folio of the Register or lodged plan of subdivision is found by reason of erroneous measurements in the original survey to exceed or fall short of the dimensions given the Registrar may create a new folio of the Register or amend the recordings in the Register to accord with the dimensions marked on the ground or otherwise to adjust equitably the discrepancy.

    (2)     The Registrar may—

S. 102(2)(a) amended by No. 53/1988 s. 45(Sch. 3 item 78) (as amended by No. 47/1989 s. 23(1)(2)).

        (a)     in appropriate cases, make a distribution among the allotments or lots concerned of any surplus area; or

S. 102(2)(b) amended by Nos 53/1988 s. 45(Sch. 3 item 79) (as amended by No. 47/1989 s. 23(1)(2)), 18/1989 s. 12(Sch. 1 item 154).

        (b)     where the proprietor of an allotment or lot or his predecessor in title has been for over fifteen years in possession of any of such surplus, include in the folio of the Register of such proprietor so much of such surplus so held in possession as does not exceed the area attributable to his allotment or lot; or

        (c)     in any case, make such adjustments as the Registrar considers equitable and expedient.

No. 5842 s. 103.



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