9Boundaries

#### 9 Boundaries 9 Boundaries > > (1) If any question arises as to whether an existing building encroaches or a proposed building will encroach beyond the boundary, either of the owners of the contiguous parcels of land may apply for a determination of the position of the boundary: > > > > > (a) to the Registrar-General under Part 14A (Boundary determinations) of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) (but only if the application could be made under that Part apart from this section), or > > > > > (b) if the application cannot be made under that Part or the Registrar-General refuses to make that determination—to the Court. > > > (2) On an application to the Court the Court may make such orders as it may deem proper for determining, marking, and recording the true boundary. > > > (3) The Court may refer to any registered land surveyor (within the meaning of the [Surveying and Spatial Information Act 2002](/view/html/inforce/current/act-2002-083)) any question involved in proceedings on the application. > > > (4) This section applies to buildings erected either before or after the commencement of this Act. > > **s 9:** Am 1989 No 171, Sch 2 (3); 2002 No 83, Sch 2.7 \[2\]; 2009 No 119, Sch 2.9.