New South Wales Consolidated Acts

ENCROACHMENT OF BUILDINGS ACT 1922 - SECT 9

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 (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 ) any question involved in proceedings on the application.

(4) This section applies to buildings erected either before or after the commencement of this Act.