32Land may be described by verbal description if no survey available, &c.

32 Land may be described by verbal description if no survey available, &c.

[Section 32 Subsection (2) amended by No. 26 of 1992, s. 4 ]

(1)  [Section 32 Subsection (1) amended by No. 23 of 2021, s. 40, Applied:01 Jan 2022] *[Section 32 Subsection (1) amended by No. 26 of 1992, s. 4 ]*Where, on the bringing of land under this Act pursuant to this Part (other than Division 1 ), there is not available to the Recorder a survey such as the Recorder could require under section 162 , the land may be described by a verbal description or by a plan prepared from information contained in a verbal description.

(2)  *[Section 32 Subsection (2) amended by No. 48 of 1990, s. 11 ]*Where, pursuant to subsection (1) , land is described by a verbal description or by a plan prepared from information contained in a verbal description, or where, under section 143E (1) , the remainder of any land included in a title is described by a plan prepared from information contained in a verbal description –

(a) subject to subsection (2A) , an action is not to be brought against –

(i) the Recorder; or

(ii) the assurance fund; or

(iii) in the case of a plan prepared by a surveyor – that surveyor –

by reason or in respect of any difference between the area of land or the position or dimensions of the boundaries so described and the actual area, position or dimensions as found by survey; and

(b) [Section 32 Subsection (2) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] a legal practitioner who acts for any party taking or proposing to take any estate or interest in the land is not under any duty to check that that description agrees with the description in the antecedent documents of title; and

(c) [Section 32 Subsection (2) amended by No. 23 of 2021, s. 40, Applied:01 Jan 2022] on such evidence of boundaries as the Recorder deems sufficient, the Recorder may alter the description to accord with that evidence.