s.23Use of prescribed composite maps in defining road boundaries
23
Section 23Part 0 —

Use of prescribed composite maps in defining road boundaries

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

The prescribed composite map setting out, under section 5, roads as actually built shall be regarded as definitive for all purposes relating to the boundaries of roads and the boundaries of any lands abutting on a road.
When the boundaries of an existing road and the boundaries of any land near to or abutting on that road as established on the ground (hereinafter referred to as "existing land boundaries") do not correspond with the registered boundaries as shown on the prescribed composite map, the Roads Authority may —
define the line of the road as shown on the prescribed composite map and the boundaries of that road in such manner as it thinks fair and equitable; and
request the Registrar to make such adjustments in the existing land boundaries as the Registrar thinks necessary to ensure that the boundaries of both the road and any lands near to or abutting on that road correspond with the defined boundaries of the road under paragraph (a).
Pursuant to a request under paragraph (b) of subsection (2), the Registrar shall make the necessary adjustments in the existing land boundaries and such adjustments shall be —
notified in the Gazette and in a daily newspaper published and circulating in the Islands; and
communicated to the proprietors of lands affected thereby, by registered letters addressed to them at the address shown on the register.
The Roads Authority may, pursuant to any adjustments in boundaries made under this section, authorise the removal and relocation to conform with the adjustment of any marker on the road or on any existing land boundary in accordance with the Land Surveyors Law (1996 Revision).
Where any adjustment of the boundaries of a road made under this section injuriously affects the interest of any person in a portion of land that person may object to the adjustment within one month of the date of publication of the adjustment in the Gazette under paragraph (a) of subsection (3) and deliver to the Registrar a statement in writing setting out the basis of his objection.
The Registrar shall consider any objection made under subsection (5) and notify any decision made to the objector.
Any person aggrieved by a decision of the Registrar with regard to any portion of land under subsection (6) may make a claim for compensation in like manner as if the decision of the Registrar were a declaration made under section 3 relating to that portion of land.

Cross References