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Section 19: Handling excess land from survey errors

19.Excess of land may be apportioned between different owners or proprietors

Where a block or section of public land has been subdivided into plots or portions of equal area and by reason of erroneous measurements in the original survey the area of the block or section as marked on the ground exceeds the sum of the areas of all the plots or portions as shown by any plan or description used at the sale or by any grant or certificate of title of any such plot or portion, the total excess of area of the block or section shall be deemed originally distributable among the plots or portions equally; and if the area of the land included in any application to bring land under this Act is in the applicant's possession and was in that applicant's possession or in the possession of those through whom he or she claims for over twelve years previous to the application and does not exceed the area obtained by dividing the area of the block or section as shown on the ground by the number of original plots or portions, the Registrar may, without ascertaining the dimensions of the other plots or portions and without the consent of the owner or owners of those plots or portions, issue a certificate in respect of the land included in that application as if the whole of it had been included by measurements and boundaries in the original grant or certificate of title of that plot or portion.

Plain English Summary

If a block of public land was divided into equal plots but the actual ground area is larger due to survey errors, the extra land is considered to be s...

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