sec.26Notice of damage

### sec.26 Notice of damage This section applies if— a surveyor damages property when exercising or purporting to exercise a power under division 3 ; or a person acting under the direction or authority of a surveyor (the other person ) exercising or purporting to exercise a power under division 3 damages property. The surveyor must immediately repair or reinstate the property if it is possible. If it is not possible to immediately repair or reinstate the property, the surveyor must immediately give notice of particulars of the damage to the person who appears to the surveyor to be the owner of the property. If the surveyor believes the damage was caused by a latent defect in the property or circumstances beyond the surveyor’s, or other person’s, control, the surveyor may state the belief in the notice. If, for any reason, it is impractical to comply with subsection (3) , the surveyor must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened. This section does not apply to damage the surveyor reasonably believes is trivial. In this section— owner , of property, includes the person in possession or control of it. (sec.26-ssec.1) This section applies if— a surveyor damages property when exercising or purporting to exercise a power under division 3 ; or a person acting under the direction or authority of a surveyor (the other person ) exercising or purporting to exercise a power under division 3 damages property. (sec.26-ssec.2) The surveyor must immediately repair or reinstate the property if it is possible. (sec.26-ssec.3) If it is not possible to immediately repair or reinstate the property, the surveyor must immediately give notice of particulars of the damage to the person who appears to the surveyor to be the owner of the property. (sec.26-ssec.4) If the surveyor believes the damage was caused by a latent defect in the property or circumstances beyond the surveyor’s, or other person’s, control, the surveyor may state the belief in the notice. (sec.26-ssec.5) If, for any reason, it is impractical to comply with subsection (3) , the surveyor must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened. (sec.26-ssec.6) This section does not apply to damage the surveyor reasonably believes is trivial. (sec.26-ssec.7) In this section— owner , of property, includes the person in possession or control of it. - (a) a surveyor damages property when exercising or purporting to exercise a power under division 3 ; or - (b) a person acting under the direction or authority of a surveyor (the other person ) exercising or purporting to exercise a power under division 3 damages property.