Section 99 is used when the boundaries area or position of the land is bona fide occupied
There is no intention for the applicant to occupy the land (Bona Fide is a LAW term)
The key criteria for a Section 99 application is:
- Occupation must be in the same position for at least 15 years.
- The application must amend all boundaries
- Must only deal with land under Transfer of Land Act and can include excess land
- Does not need to be affecting other titles
- Only allow minor amendments
Generally a 1 in 50 ratio is accepted for the land being claimed in a Section 99 application ie. the land being claimed should not be greater than 2% of the area of the existing parcel.
The Plan of Survey prepared to support a Section 99 application shows the land as one parcel.
Section 99
Notes on Section 99 of the Transfer of Land Act
Section 99 Transfer of Land Act
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EXAMPLES
Example 1: AP134621R circa2016
amend the title boundaries to accord with the current occupation
– Vol. 4441 Fol. 061 affected
Acknowledgment: Matthew McGrath LS provided this example.
Example 1 s99TLA AP134621R plan
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Example 1 s99TLA AP134621R fieldnotes
1 file(s) 99 KB
Example 1 s99TLA AP134621R report
1 file(s) 129.00 KB