Landmarks Act

(Original Enactment: Ordinance 7 of 1882)

(30th March 1987)
An Act relating to landmarks.
[12th May 1882]
Short title
1.  This Act may be cited as the Landmarks Act.
Leases not invalid
2.  No State lease shall be held to be invalid from the fact that landmarks have not been set up on the land before the issue of the lease.
Notice to set up or repair landmarks
3.  Whenever it is found that landmarks are not set up on any land held under the State, whether by lease or grant, or that the landmarks if set up have become out of repair, or are not plainly distinguishable, the Collector of Land Revenue (hereinafter called the Collector) may require by notice good and solid landmarks to be set up at such places as the Collector directs, or if already set up the Collector may require them to be repaired.
Service of notices
4.  Notice in writing of every requisition to set up or to repair landmarks under this Act shall be served in the manner prescribed in section 16 on the owner or occupier of every lot of land as to which the landmarks are to serve as boundaries requiring him to set up or to repair the landmarks within such time, not less than 15 days, as the Collector thinks reasonable.
Certificate to be given to the owner, etc.
5.  The Collector on being satisfied that the landmarks have been set up or repaired to his satisfaction within the time specified in the notice, or within such further time as the Collector allows, shall give a certificate to that effect to the owner or occupier.
Landmarks for adjoining lots
6.—(1)  Where a landmark serves, or is intended to serve, as a boundary between two or more adjoining lots of land, the notice under section 3 shall be served on the occupier of each lot.
(2)  Any such occupier may have the work executed and may recover in the manner provided by section 10 from the owner or owners, occupier or occupiers of the adjoining lot or lots, the proportion of the expense as set out in section 15 as his or their contributory share.
In default, may be set up, etc., by Collector
7.  After service of notice to set up or repair landmarks, if the landmarks are not set up or repaired within the time stated in the notice, or in the event of any dispute between the parties interested as to the setting up or repairing the landmarks, the Collector may cause the landmarks to be set up or repaired, and the expense incurred thereby shall be chargeable and recoverable as hereinafter provided.
Parties may request the Collector to set up, etc.
8.  The party on whom a notice to set up or repair landmarks has been served, or when the notice has been served on owners or occupiers of adjacent lots any of the parties, may request the Collector to set up or repair the landmarks whereupon the Collector may have the landmarks set up or repaired, and the cost shall be certified and recoverable as hereinafter provided.
Certificate of expense, etc.
9.—(1)  The amount expended for setting up or repairing landmarks under section 7 or 8, and the cost of surveying, if necessary, for ascertaining the true position of any boundary shall be certified in writing by the Collector under his hand.
(2)  Such certificate shall be held to be proof of the amount to be paid, and that everything necessary to be done under this Act up to the time of making the certificate for the purpose of requiring the landmarks to be set up or repaired has been done as required by this Act.
Expenses of landmarks
10.  The expense of setting up or repairing landmarks where the landmarks are to serve as boundaries of two or more lots, including the expenses of surveying if a survey has been made by the order of the Collector, shall be borne by the owners or occupiers of the lands for which the landmarks are to serve as boundaries in equal proportions.
A landmark serves as a boundary between 3 lots of land. The owner or occupier of each lot shall pay one-third of the cost.
Material and size
11.  The landmarks under this Act shall be of such material and size as the Minister may direct for any particular district or place, or for any particular class or character of lands.
Landmarks to define boundaries as in State title
12.  In all cases the landmarks shall define the boundaries of the land as shown in the State grant or lease; and the Collector before issuing a certificate under section 5 shall satisfy himself that the landmarks are so placed.
Resurvey in case of dispute as to position of landmarks
13.—(1)  If any dispute arises as to the position in which any landmark should be placed, it shall be forthwith reported to the Collector who, if unable to settle the dispute, shall direct the lots to be resurveyed by a surveying officer under the Chief Surveyor, and the landmarks shall be set up in the position shown by that survey to be the correct position.
Expense recoverable
(2)  The expense of any such survey shall be borne by the parties interested in the landmarks.
Summons to show cause
14.—(1)  In the event of any person charged with the expense incurred by the Collector in setting up or repairing landmarks under this Act and the expense of surveys, if any, refusing or neglecting to pay the expense so incurred, a summons shall be served upon the person requiring him to show cause before a Magistrate’s Court why that cost or proportion of cost, stating the amount, should not be paid by him, and if he fails to show such cause, or if he fails to appear, the Court on proof of service of the summons, and on reading the Collector’s certificate issued under section 9, may make an order for the payment of the amount, and for imprisonment in default of payment.
How recoverable
(2)  The amount ordered to be paid under this section may be recovered in the manner provided by law for the recovery of fines before a Magistrate’s Court, although exceeding the amount that is within its ordinary jurisdiction, and when recovered shall be paid to the Collector.
One owner may set up, etc., and recover contribution
15.  Where more than one owner or occupier is interested in any landmark required to be set up or repaired under this Act, any one or more of those owners or occupiers may have the work done and may recover the expense incurred by him or them against other owners or occupiers liable to contribute to the expense by summons in a District Court, whether the amount in question exceeds the limit of the ordinary jurisdiction of a District Court or not, on proof of the amount expended by him or them, and on producing a certificate purporting to be signed by the Collector to the effect that the work of setting up or repairing the landmarks has been done to his satisfaction.
Manner of service of notices
16.  Notices under this Act may be served personally on the owner or occupier, or by having them affixed on a board in a conspicuous manner on the land to which the notice refers.