Western Australian Current Acts Western Australian Current Acts Where a block of land
has been subdivided into allotments and by reason of erroneous measurements in
the original survey the area of the block as marked on the ground exceeds the
sum of the areas of all the allotments and roadways (if any) as shown by any
plan or description used at the sale thereof or by the grants or certificates
of title or on any relevant graphic of such allotments the total excess of
area of the block shall be deemed originally apportionable amongst the
allotments and roadways (if any) proportionately to their relative dimensions
and if the area of the land included in any application to bring land under
this Act or for an amended certificate or for the amendment or replacement of
a relevant graphic is in the applicant’s possession and was in the
possession of the applicant or of him and those through whom he claims for a
period of not less than 15 years previous to the application and does not
exceed the area attributable to the allotment or allotments or fraction of an
allotment represented by the land included in such application after such
apportionment of excess as aforesaid the Commissioner may without ascertaining
the dimensions of the other allotments or fraction of allotment and without
the consent of the owner or owners thereof direct the Registrar to create and
register a certificate in respect of the land included in such application as
if the whole of it had been included by metes and bounds in the original grant
or certificate of title and to amend or replace, if necessary, any relevant
graphic.
[Section 159 amended: No. 81 of 1996 s. 93; No. 6
of 2003 s. 50.]