← belizelaw.ai · Ascertainment Of Boundaries, Cap. 180
Power of court to order boundary to be located and marked
Cap. 180, s. 6 · Revised Edition 2020
(1) Where it is shown to the court that, for the purpose of avoiding or preventing a trespass or of ascertaining whether a trespass has been committed or the extent of any trespass or for any other reason, it is necessary or expedient that the actual position on the ground of any boundary or of the point of commencement of any boundary or of any point in any boundary should be located and marked, the court may, if it thinks fit, in such proceedings as are hereinafter mentioned,
order the position thereof on the ground to be located and marked by such persons and in such manner as the court thinks proper.
(2) The position on the ground of any boundary or point as located and marked in pursuance of an order made under this section shall, for all purposes, and in all courts and as between all persons, whether parties to the proceedings or not, be deemed to be the correct position of that boundary or point.
(3) An order under this section may be made in the same proceedings as an award notwithstanding that the order was not asked for in the writ of summons, and either at the same time as the award or subsequently, whether liberty to apply for such an order was or was not reserved by the award.
(4) Where an order under this section is asked for with respect to a boundary as to which no award has been given and the court considers that doubt exists as to the principle on which the boundary should be ascertained, the court may, if it thinks fit, give an award as to the boundary before making the order, notwithstanding that an award was not asked for in the writ of summons.
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