Land Survey Act
Act 11 of 1964
- Commenced on 1 June 1964
- [This is the version of this document at 30 June 2012 and includes any amendments published up to 30 June 2014.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Land Survey Act.
2. InterpretationIn this Act unless the context otherwise requires—"absentee" means a person who is absent from Seychelles or who is on one of the outlying islands and is not represented by any agent or proxy duly authorized by his power of attorney to act for or represent his principal in any relevant transactions required or permitted to be done under this Act;"approved" in relating to any plan or diagram means the signature of such plan or diagram by the Director in order to signify that the requirements of this Act have been complied with in regard to such plan or diagram;"beacon" means the mark or structure made or erected at, or indicatory of, the corner point of a parcel of land, or at an intermediate line point on a rectilinear boundary of a parcel of land, by a land surveyor or by his agents, servants or workmen acting under his direction, and includes a bench mark, reference mark or control point made or erected by a land surveyor, a Government surveyor or a cadastral surveyor;"Board" means the Land Surveyors Board established by section 3;"diagram" means a document containing geometrical, numerical and verbal representations depicting, in such manner and to such standards of accuracy as may be prescribed, the beacons, boundaries and dimensions of one parcel of land as surveyed by a land surveyor, which document has been signed by such surveyor or which document has been signed by such surveyor or which has been certified by the Director as having been compiled under his authority and supervision from the records of a survey or surveys carried out by one or more land surveyors either before or after the date of commencement of this Act and includes any document which, at any time prior to the date of commencement of this Act, has been accepted as a diagram in the office of the Director or his predecessors;"Director" means a person appointed by the President as Director of Surveys for the purposes of this Act and shall include any Government surveyor deputed by the Director to do any act which may lawfully be done by him under this Act."Government surveyor" means a land surveyor in the service of the Government and includes the Director."land surveyor" means a person holding a licence;"licence" means a licence to practise as a land surveyor issued by the Licensing Authority;"Licensing Authority" means the Licensing Authority established by section 3 of the Licences Act;"outlying islands" means such islands or group of islands as are listed as outlying islands in the First Schedule to the Peace Officers (Inner Islands and Outlying Islands) Act;"owner" means, in ordinary cases, a person having the full ownership; the term "owner" means—(a)in any case where full ownership does not rest with the same person, the usufructuary and the bare owner;(b)the owner’s agent or proxy duty authorized by his power of attorney to act for or represent his principal in the relevant transaction required or permitted to be done under this Act;(c)in case of co-ownership, the fiduciary;(d)in cases of vacant estates and successions, the Curator of Vacant Estates;(e)in cases of a succession which has opened but has not yet been settled, the executor;(f)in cases of minority, the administrator or the guardian;(g)in cases of interdiction, the guardian;(h)in cases of appointment of a curator under Article 499 or Article 513 of the Civil Code of Seychelles, the person to whom a curator has been appointed and the curator; and(i)in cases of substitution, the institute (grevé) acting with the concurrence of the tutor to the substitution;"parcel of land" means any piece or unit of land, enclosed within determinable boundaries;"prescribed" means prescribed by the regulations;"the regulations" means the regulations made under this Act.
Part II – Land Surveyors Board
3. Establishment of Board
4. Duties of BoardThe duties of the Board shall be to—
Part III – The licensing of land surveyors, duties of land surveyors and disciplinary proceedings against land surveyors
5. Persons eligible to be licensed
6. Persons deemed to be qualified
7. Land surveyor to give security
8. OathsThe Director and every land surveyor shall as soon as may be after his appointment or receiving his licence take the prescribed oath.
9. Duties of land surveyor
10. Disciplinary proceedings
11. Unauthorised practice as surveyorAny person who, without holding a licence as a land surveyor or without having received the special written permission of the Minister, shall act or hold himself out as a land surveyor or shall in consideration of any remuneration make a survey of land in Seychelles for the purpose of determining the position of beacons and boundaries, shall be guilty of an offence and shall on conviction be liable to imprisonment not exceeding one year or to a fine not exceeding R.10,000 or to both such imprisonment and fine.
Part IV – Original surveys, re-surveys and division surveys
12. Summons to owner of land whose rights may be affected by survey
13. Agreement as to beacons and boundaries
14. Objections to beacons and boundaries
15. Survey after determination of boundary dispute
16. Replacing incorrect diagram by new diagram after re-survey
17. Division surveys
18. Rectification of errors ascertained by a re-survey or a division surveyIf on the re-survey of a parcel of land or on the survey of such parcel for the purpose of division (in this section referred to as the re-survey), the numerical data derived from the re-survey are found to differ from those numerical data on the diagram of the parcel of land under re-survey, the Director shall—
19. Diagram of exact fraction of landWhen a parcel of land not already surveyed under this Act is subdivided into one or more precise fractions, the Director may withhold his approval of a diagram purporting to represent an exact fraction of the total area of such parcel of land until he is satisfied that such total area has been redetermined by a survey of the whole of such parcel of land performed in accordance with the provisions of this Act in conjunction with the survey of the subdivisional fraction or fractions.
20. Records to be delivered by a land surveyor to the DirectorEvery land surveyor who executes a survey shall deliver or transmit to the Director for examination and filing—
Part V – Beacons and boundaries
21. Beacons and boundaries lawfully established
22. Manner and cost of erecting beacons for survey purposes
23. No erection or excavation to be made near beaconsExcept with the consent of the Director, it shall not be lawful for any person to place any erection or to make any excavation within 0.5 meter of any beacon or survey station.
24. Repair or re-erection of beacons
25. Authority to remove beaconAny person who, for the purpose of carrying out any work which he may lawfully perform, desires to remove or disturb any beacon or mark, erected in connection with the survey of land may apply to the Director for authority to effect such removal or disturbance and the Director may thereupon authorize in writing such removal or disturbance and, at the expense of such applicant, employ any land surveyor to effect or supervise the removal or disturbance and subsequent replacement of such beacon or mark or the erection or placing of any other mark to indicate the position of such removed or disturbed beacon or mark in such manner as the Director may direct.
Part VI – Diagram
26. Manner of preparing diagramsEvery diagram submitted for approval shall be prepared in accordance with the requirements prescribed, and the numerical and other data recorded thereon shall be within the prescribed limits of consistency:Provided that the Director may approve a diagram prepared Before the date of commencement of this Act in accordance with any law in force at the time of such preparation.
27. The signing and approval of diagramsNo diagram shall be approved unless it is prepared under the direction of and signed by a land surveyor and accords with the requirements of this Act:Provided that a diagram may be approved if it has been framed from a general plan or from a diagram or diagrams filed in the Director’s office without the signature thereon of the land surveyor who signed the original diagram, if he is not available or unreasonably refuses to sign the diagram so framed.
28. Circumstances in which diagrams compiled from other records may be approvedThe director may approve a diagram which has been compiled under his authority and supervision from calculations or other records lodged in his office:Provided that the numerical data of the diagram so compiled are consistent within the prescribed limits.
Part VII – Miscellaneous
29. Powers of entry upon land
30. Servitude for protection of beacon or other markThe Minister may require that a servitude in favour of the Republic protecting any beacon, bench mark, reference mark or trigonometrical station and ensuring an unobstructed view to and from any such beacon, mark or station, shall be granted over any land upon or near which any such beacon, mark or station is situated by the person who may lawfully grant the same in respect of such and may cause such servitude to be transcribed against the title of such land:Provided that reasonable compensation for the depreciation, if any, in the value of the servient tenement by reason of the establishment of such servitude shall be paid by the Republic.
31. Power to make regulationsThe Minister may make regulations prescribing—
32. Memoranda and other records of survey to be deposited with DirectorAll memoranda of survey and plans in the custody of the Registrar of Deeds shall be handed over to the Director for the purpose of being permanently filed in the records of his office.
33. Certified copies of records held by Director
34. Certified copies that may be issued by a land surveyorA land surveyor who has carried out a survey under this Act or under any prior enactment may only issue certified copies of such documents or other records as may be prescribed relative to such survey.
35. Transitional provisionIf a survey started before the date of commencement of this Act is not completed before such date or if the memorandum relating thereto is not registered or deposited with the Registrar of Deeds before such date, such survey may me completed in accordance with the Sworn Land Surveyors Act and the memorandum relating thereto shall be registered at the Mortgage and Registration Office and deposited after registration with the Director for the purpose of being permanently filed in his office.
History of this document
01 June 1964