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Boundaries - presumptions Print
In registered land, the boundaries on the filed plan are not necessarily conclusive. This is because most filed plans are deemed to indicate the ‘general boundaries’ (s60 LRA 2002). Under the general boundaries rule, in the absence of any rebutting information, various presumptions are used to determine the extent of ownership:

(1) roadways: it is presumed that the boundary of land beside a highway or private right of way extends to the middle of the way (subject, in the case of a highway, to the rights of the highway authority). A conveyance or transfer of land that abuts a roadway is presumed to include the roadway up to the middle of it (even if it describes the land as being bounded by the roadway, or includes a plan defining the land as excluding the roadway);

(2) hedge and ditch: there is a presumption that the boundary is along the opposite edge of the ditch from the hedge or bank. This only applies to man-made ditches and does not apply if it can be shown that the ditch was natural, or that the boundary feature was made when the land on both sides was in common ownership;

(3) non-tidal rivers and streams: the boundary is presumed to follow the centre line. Thus the boundary changes as the course of the stream changes naturally over a period of time. But the position of the boundary does not change if the course of the stream is artificially altered or is changed by any sudden means that is not natural;

(4) lake: the bed of a lake belongs to the owner of the surrounding land if the lake is entirely within the boundaries of single ownership;

(5) seashore: the boundary of land adjoining the sea lies at the top of the foreshore (which is the land lying between the high and low watermarks of an ordinary tide between spring and neap tides). The foreshore is owned by the Crown unless it has been demised or granted. The same presumption applies to land that borders tidal rivers and inlets. The boundaries may move gradually as the high watermark moves naturally over time, but will not be affected by any sudden shift.

If you do not want the general boundaries rule to apply, but want the exact line of the boundary to be determined, then apply to the LR on Form DB with supporting evidence. © Practical Lawyer

October 2007
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