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LAND SURVEY ACT (CHAPTER 20:12)

CHAPTER 20:12

LAND SURVEY ACT

Acts 12/1932, 37/1938 (s. 3), 35/1957 (ss. 20, 21 and 22), 80/1959, 14/1962 (s. 2), 45/1969, 80/1971 (s. 33), 5/1972 (Part II), 22/1976, 45/1976, 8/1980, 48/1981, 12/1987, 2/1993, 22/2001 (s. 4), 3/2007; R.G.Ns. 153/1963, 217/1970, 923/1972.

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

  1. Short title.
  2. Application of Act.
  3. Act binding on State.

PART II

ADMINISTRATION

  1. Establishment of Surveyor-General’s office.
  2. Appointment of Surveyor-General.
  3. Duties of Surveyor-General.
  4. Survey Regulations Board.
  5. Office fees.

PART III RECOGNITION AND DUTIES OF LAND SURVEYORS

  1. Recognition as a land surveyor.
  2. Training leading to recognition.
  3. Duties of surveyor and non-liability of State.
  4. Duties of surveyor when registration has ceased or been cancelled.
  5. Suspension or cancellation of right to practise as surveyor.
  6. Unauthorized practice as surveyor.
  7. Performance of work by land-surveyors-in-training and land survey technicians.

PART IV

ORIGINALSURVEYS AND RE-SURVEYS

  1. Original survey of land.
  2. Diagram of land surveyed under direction of Surveyor-General.
  3. Rectification of title deeds after determination of boundary dispute.
  4. Rules for arbitrators.
  5. Approval of diagram of portion of unsurveyed land.
  6. Replacing incorrect diagram by new diagram after re-survey.
  7. Re-survey of block of land other than township.

PART V

DIVISION SURVEYS

  1. Subdivision of land.
  2. Approval of survey records relating to subdivision.
  3. Definition of geometrical figure and deduction of numerical extent of subdivision.
  4. Rectification of errors ascertained by re-survey or division.
  5. Diagram of exact fraction of land.

PART VI

TOWNSHIPS

  1. Re-survey of townships.
  2. Approval of new general plan.
  3. New general plan supersedes erroneous diagrams.

PART VII

BEACONS AND BOUNDARIES

  1. Beacons and boundaries lawfully established.
  2. Manner and cost of erecting beacons for survey purposes.
  3. No poles to be placed near beacon.
  4. Repair or re-erection of beacons.
  5. Offences and compensation in respect thereof.
  6. Authority to remove beacons.

PART VIII

GENERAL PLANS ANDDIAGRAMS

  1. Manner of preparing diagram.
  2. No registration of land without approved diagram.
  3. Diagram must be signed by surveyor.
  4. Consolidation of land.
  5. Approval of diagrams for consolidated title.
  6. Registrar and owner to be informed of incorrect diagram.
  7. Correction of general plan or diagram.
  8. Cancellation or amendment of approved diagram or general plan.
  9. Cancellation or amendment of general plan of township.
  10. Surveyor-General may require submission of diagram.
  11. Surveyor-General may dispense with diagrams.

PART IX

MISCELLANEOUS

  1. Powers of entry upon land.
  2. Acquisition of servitudes.

SCHEDULE

Form.

AN ACT to consolidate and amend the laws relating to the survey of land.

[Date of commencement: 1st May, 1933.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Land Survey Act [Chapter 20:12].

                       2    Interpretation

In this Act—

“approve”, in relation to the Surveyor-General and to any general plan or diagram, means the signing of such general plan or diagram in order to signify that the requirements of this Act have been complied with in regard to such general plan or diagram;

“beacon” means the object or mark on the ground defining or indicating a corner of a piece of land of which a general plan or diagram has been approved by the Surveyor-General;

“bench mark” means a mark the height of which has been determined in the course of a level survey undertaken in terms of this Act or the Trigonometrical and Topographical Survey Act, 1958 (No. 2 of 1958);

“Board” means the Survey Regulations Board established under section eight;

“Chief Registrar” means the person appointed as Chief Registrar of Deeds in terms of paragraph (a) of subsection (1) of section 4 of the Deeds Registries Act [Chapter 20:05];

“consolidation permit” means a permit to consolidate two or more properties into one granted in terms of section 41 of the Planning Act;

“Council of Land Surveyors” means the Council of Land Surveyors established in terms of the Land Surveyors Act [Chapter 27:06];

“Court” means the High Court;

“diagram”, subject to subsection (3) of section forty-nine, means a document containing geometrical, numerical and verbal representations of a piece of land or a line, feature or area forming the basis for registration of a real right which has been signed by a person recognized, under any enactment then in force, as a land surveyor,

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