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Thread: Beautiful creek wrecked

  1. #61
    Join Date
    Nov 2007
    Location
    Townsville Nth Qld
    Posts
    562
    Quote Originally Posted by Saitch View Post
    By all means you can have a watercourse running through your property but the issue here is that the property in question has a watercourse as its natural boundary.
    Also tide marks are not 'Folk Law'. Common law rule is that a boundary is defined by the mean high water mark.
    As requested please supply reference to legislation to clarify your assumption. By the way not trying to start a keyboard war. Happy as always to be corrected by way of guidance and seeing it on paper. I'm still not old enough to know everything. Getting close

  2. #62
    Join Date
    Mar 2012
    Location
    Armstrong Creek, Qld
    Posts
    4,231
    Baz, from Qld Gov. 'Tidal and non-tidal matters.

    (3)Subsections (1) and (2) apply even if a person owns land having tidal boundaries or right line tidal boundaries on both sides of water subject to tidal influence.Example—
    A person owns land that has as its northern boundary a tidal boundary that is located on the southern edge of a river. The same person also owns land in the same locality that has as its southern boundary a tidal boundary located on the northern edge of the same river. The ownership of land on both sides of the river does not in these circumstances confer on the person ownership of the river itself.
    (4)To remove any doubt, it is declared that, before the commencement of this section, if a boundary of land (the relevant land) was formed by high-water mark—
    (a)other land that adjoined the boundary and was below high-water mark was, and always was, the property of the State, unless it was inundated land or a registered interest in the land was held by someone else; and
    (b)if the line of the high-water mark shifted over time by gradual and imperceptible degrees, the shift was a shift in the boundary of the relevant land.
    If I can't remember, then it never happened!

  3. #63
    Join Date
    Nov 2007
    Location
    Townsville Nth Qld
    Posts
    562
    As always happy to be corrected. THANKS

  4. #64
    Join Date
    Mar 2012
    Location
    Armstrong Creek, Qld
    Posts
    4,231
    These type of boundary issues are quite often an absolute nightmare for the surveying profession. They can involve an extraordinary amount of field work, office calcs' and a lot of dealings, some spurious, with legal involvement and government bureaucracy.
    If I can't remember, then it never happened!

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