Section 353
Resurvey of land alienated before commencement by reference to natural feature boundaries
of National Land Code (Revised - 2020)
(1)
Where any land alienated before the commencement of this Act is expressed in the document of title thereto to extend to a boundary or boundaries consisting of any natural feature, the Director of Survey and Mapping shall, at the request of the
State Director, cause the boundary or boundaries in question to be determined by right lines.
(2)
Where the natural feature referred to in subsection (1)
consists of the foreshore, the coastline or the sea, a river or riverbank, or any other feature the line of which is liable to alter from time to time, then, for the purposes of this section the boundary shall be taken to follow any survey traverse made for the purpose of determining the line of that feature at the time the land was alienated:
Provided that—
(i)
the traverse shall be disregarded to the extent, if any, necessary to take account of any advance of the shoreline, or of the bed of any river;
(ii)
unless the proprietor of the land would thereby become entitled to an area substantially greater than that specified in his document of title, the traverse shall also be disregarded to the extent, if any, necessary to include within the boundaries of the land any revetment, sea wall, river wall or other structure lawfully erected by the proprietor or any predecessor in title.
(3)
Where any boundary has been determined in pursuance of subsection (1), the Director of Survey and Mapping—
(a)
shall cause such action to be taken as may be necessary to secure that it is demarcated on the surface of the land by boundary marks, or is capable of being ascertained therefrom;
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(b)
shall cause the area of the land to be recalculated;
(c)
may, if he thinks fit, assign a new lot number to the land;
and
(d)
shall cause a certified plan to be prepared for his approval showing the boundaries of the land (including the boundary or boundaries so determined), the position of the boundary marks and the area and lot number.
(4)
When the plan prepared under paragraph (3)(d) has been approved by the Director of Survey and Mapping, it shall for the purposes of subsection 396(2) be deemed to be the plan approved under paragraph (1)(e) of that section.