Western Australian Current Acts

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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.]

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