Land Survey Act

Chapter number: 
109
In force: 
Yes

 

EDITORS' NOTE: The digital versions of legislation accessible through SeyLII are UNOFFICIAL and provided solely in the interests of increasing access to legal information.  Their currency and accuracy cannot be warranted.  Official versions of Seychelles legislation can only be obtained in hard copy from the Attorney-General’s Chambers, Department of Legal Affairs

 

CONSOLIDATED TO 30 JUNE 2012

Act 11 of 1964.

Act 25 of 1964.

Act 32 of 1964.

S.I. 95 of 1975.

S.I. 95 of 1975.

S.I. 72 of 1976.

Act 23 of 1976.

Act 23 of 1980.

Act 3 of 1984.

Act 3 of 1986.

Act 7 of 1987.

S.I. 13 of 1987.

S.I. 77 of 1987.

S.I. 6 of 1990.

LAWS OF SEYCHELLES

CHAPTER 109

LAND SURVEY ACT

[1st June, 1964]

 

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

1.      Short Title

2.      Interpretation

PART II

Land Surveyors Board

3.                  Establishment of Board.

4.                  Duties of Board.

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.                  Oaths.

9.                  Duties of land surveyor.

10.              Disciplinary proceedings.

11.              Unauthorised practice as surveyor.

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 survey.

19.        Diagram of exact fraction of land.

20.        Records to be delivered by a land surveyor to the Director.

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 beacons.

24.        Repair or re-erection of beacons.

25.        Authority to remove beacon.

PART VI

General Plans and Diagrams

26.        Manner of preparing diagrams.

27.        The signing and approval of diagrams.

28.        Circumstances in which diagrams compiled from other records may be approved.

PART VII

Miscellaneous

29.        Powers of entry upon land.

30.        Servitude for protection of beacon or other mark.

31.        Power to make regulations.

32.        Memoranda and other records of survey to be deposited with Director.

33.        Certified copies of records held by Director.

34.        Certified copies that may be issued by a land surveyor.

35.        Transitional provision.

___________________

 

PART I

Preliminary

1.            This Act maybe cited as the Land Survey Act.

2.            In 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.            (1)        There is hereby established a Board, to be known as the Land Surveyors Board, which shall consist of the Director, who shall be chairman, and two other members appointed by the Minister, who shall, if practicable, be land surveyors.

(2)        Subject to subsection (3), a member appointed by the Minister shall hold office for a period of two years but shall be eligible for re-appointment.

(3)        The Minister may at any time terminate the term of office of a member of the Board.

(4)        The chairman of the Board may co-opt a member of the legal profession to assist the Board in its deliberations.

4.            The duties of the Board shall be to-

(a)          make recommendations to the Licensing Authority on the granting of licences;

(b)         make provision for examinations to be taken by applicants for licences;

(c)          keep a register of licences land surveyors which shall contain the names, addresses and qualification of all persons to whom licences have been granted, the date on which each such licence was granted, and such other particulars as may be prescribed.

(d)         to act as arbitrator in any dispute between a licensed land surveyor and a client as to the fees charged by the licensed land surveyor;

(e)          advise the Minister on the amendment or revision of this Act and the Schedules of fees made thereunder; and

(f)          perform such other functions as may be prescribed;

PART III

The licencing of Land Surveyors, duties of Land Surveyors and

Disciplinary proceedings against Land Surveyors

5.      (1)        A person shall be entitled to be granted a licence by the Licensing Authority on recommendation of the Board to practise as a land surveyor if-

(a)     he has attained the age of 21 years; and

(b)     he is qualified as hereinafter provided; and

(c)     he has complied with the provisions of this Act.

(2)        The Director shall by virtue of his appointment be deemed to have been granted a licence by the Licensing Authority to practice as a land surveyor so long as his appointment subsists.

6.      (1)        A person holding any of the qualifications mentioned in the following subsection shall be deemed to be qualified for the purposes of paragraph (b) of section 5 if in addition-

(a)     he satisfied the Board that he has had field experience in land surveying; and

(b)         he carries out to the satisfaction of the Board a trial survey; and

(c)          he satisfies the Board that he is capable of conducting land surveys in accordance with the laws in force in Seychelles.

(2)        (a)     A commission as sworn land surveyor under the provisions of the Sworn Land Surveyors Act (now repealed); or

(b)     a qualification in land surveying approved by the Minister for the purposes of subsection (1).

7       (1)        Every person who applies for a licence as land surveyor shall before receiving such licence give security in the sum of rupees five thousand for the due performance of his duties.  A Government surveyor shall be exempt from giving security as provided under this section.

(2)        Such security shall be of the following nature:-

(a)     a first line mortgage on real property; or

(b)     a joint bond signed before a Judge in Chambers by the land surveyor and by two solvent persons resident in Seychelles and deposited in the Registry of the Supreme Court; or

(c)     cash deposited in an account with the Government.

(3)        The security shall be approved by the Minister and shall be subject as to release to the provisions of the Public Officers Security Act.

8.      The Director and every land surveyor shall as soon as may be after his appointment or receiving his licence take the prescribed oath.

9       (1)        A land surveyor shall-

(a)     carry out every survey undertaken by him in such manner as will ensure accurate results and in accordance with the provisions of this Act;

(b)         be responsible to the Director for the correctness of every survey carried out by such land surveyor or under his supervision and of every diagram which bears his signature;

(c)          deposit with the Director, for the purpose of being permanently filed in the office of the Director, such records as may be prescribed relative to every survey carried out by him after the date of commencement of this Act; and

(d)         when required by the Director, without delay correct in any survey carried out by such land surveyor after the date of commencement of this Act or in any work appertaining thereto, any error which is in excess of the prescribed limits of error and take such steps as may be necessary to ensure the amendment of any diagram based on such incorrect survey and to adjust the position of any beacon he has placed in accordance with such incorrect survey.

(2)        Neither the Government nor any officer thereof shall be liable for any defective survey or work appertaining thereto performed by a land surveyor not being a Government surveyor notwithstanding that a diagram relating to such survey or work has been approved.

10     (1)        All cases of breach of duty or misconduct committed by a land surveyor shall dealt with by the Licensing Authority.

(2)        A land surveyor shall be deemed to be guilty of breach of duty or of misconduct if he-

(a)     signs, except as provided in sections 27 and 28, a diagram of any parcel of land in respect of which he has not carried out or personally supervised the whole of the survey and field operations and carefully examined and satisfied himself of the correctness of the entries in any field book, and the calculations, working plans and other records in connection therewith, which may have been made by any other person;

(b)         Signs a defective diagram knowing it to be defective; or

(c)          Repeatedly performs, through negligence or incompetence, defective surveys or surveys to which adequate checks have not been applied; or

(d)         Makes any entry in a field book, copy of a field book or other document which purports to have been derived from actual observation or measurement in the field when it was not in fact so derived; or

(e)          Supplies erroneous information to the Director in connection with any survey, boundaries or beacons of land knowing it to be erroneous; or

(f)          Is guilty of such other breach of duty or such misconduct as renders him unfit to hold a licence or to practise as a land surveyor.

11.    Any 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     (1)        All owners of land whose rights may be affected by a survey shall have a right to be present at such survey.

(2)        A land surveyor before performing a survey shall summon such owners to attend the survey at a place, date and time to be specified in the summons.  The summons shall be sent by registered post to the last known address of the owner in Seychelles and shall be posted seven days before the day of the survey.  The owner of the land under survey at whose instance the survey is to be performed need not be summoned as provided under this subsection.

(3)        The duty imposed upon a land surveyor by the provisions of subsection (2) shall be carried out by him with all due diligence.  Failure on his part to summon any such owners or failure on the part of any such owners to be present at the survey shall not preclude the land surveyor from performing the survey and shall not invalidate such survey.

(4)        No summons need be sent as provided under subsection (2) in the case where-

(a)     any owner who should be summoned:-

(i)      agrees in writing to be present at the survey; or

(ii)     agrees in writing to the survey being performed in his absence; or

(iii)       a beacon or boundary deemed under section 21 to have been lawfully established is being resurveyed for purposes not involving an alteration in the position of such beacon or boundary.

13.    (1)        An agreement as to beacons and boundaries (in this section referred to as “the agreement”) shall be required in the following cases and in such other cases as may be prescribed-

(a)     when a survey is carried out of any previously unsurveyed boundary;

(b)     when, in the course of an original survey abutting upon a previous survey or a re-survey or of a division survey the data derived from the later survey differ beyond the prescribed limits from the data obtained in the previous survey;

(d)         when a survey is performed for the purpose of settling a boundary dispute, when such dispute has been resolved and diagrams resulting from such survey are to be approved.

(2)        The agreement shall be, as far as practicable, in such form as may be prescribed and shall be signed by the owner of the parcel of land under survey, by every contiguous owner and by the land surveyor performing the survey.  If any party who is required to sign the agreement under the provisions of this subsection is unable so to do from physical disability or otherwise, such party shall affix a mark thereto.

Provided that such mark shall be affixed in the presence of two witnesses who shall identify the party, attest that the mark was affixed in their presence and sign the agreement.

(3)        If any contiguous owner fails to sign the agreement within a period of one month from the date upon which he was called upon to sign the agreement, the owner of the land under survey shall serve upon such contiguous owner a notice in writing, informing him that if he fails, within a further period of two months from the date of service of such notice to lodge in the Registry of the Supreme Court an objection to the boundaries or beacons of such parcel of land as set forth in the agreement which he was called upon to sign, he will deemed to have agreed to such boundaries and beacons:

Provided that if such contiguous owner is an absentee or if the address of such contiguous owner cannot be ascertained it shall not be necessary to call upon such contiguous owner to sign the agreement prior to serving a notice upon him as set out under the preceding provision of this subsection:

Provided also that if such contiguous owner is an absentee when so served with such notice the period of two months shall be extended to six months:

And provided further that if the address of any such contiguous owner is not known, the publication of such a notice in an issue of the Gazette and once each week during two consecutive weeks in a newspaper published and circulated in Seychelles, shall be deemed to be service of such notice for the purpose of this subsection.

(4)        The service of notice referred to in subsection (3) shall, subject to the third proviso of that subsection, be effected by personal delivery or by registered post.

(5)        Whenever:

(a)     a contiguous owner has failed to sign the agreement; and

(b)     the Director has been satisfied by such proof as he may deem necessary that the provisions of subsection (3) have been complied with; and

(c)     no objection to any beacon or boundary adopted in the survey to which the agreement relates has been lodged in the Registry of the Supreme Court by such contiguous owner within the period mentioned in the notice served upon him in terms of subsection (3), or if such contiguous owner has lodged an objection but due to his failure to institute an action in the Supreme Court is deemed by virtue of subsection (7) to have agreed to the beacons and boundaries; and

(d)     the other requirements of this Act have been complied with in regard to the survey and resulting plans and diagrams, the Director shall approved the survey to which the agreement relates.  In the case of surveys carried out by the Director, the functions of the Director under this subsection shall be performed by such other officer or person as may be prescribed.

(6)        If any contiguous owner has failed to sign the agreement, and has, within the period mentioned in any such notice as is referred to in subsection (3), lodged at the Registry of the Supreme Court an objection to any beacon or boundary adopted in the survey in question, a Judge in Chambers may, if every person affected by such objection undertakes to accept the award of an arbitrator or arbitrators to be appointed by the Judge as final and conclusive upon all matters in dispute in connection with any beacon or boundary and in regard to the cost of or incidental to such arbitration, appoint such arbitrator or arbitrators to determine such matters and costs and his or their award shall thereupon be final and conclusive and shall not be challenged in any court.

(7)        If nay person who has lodged an objection mentioned in subsection (6) fails to give the undertaking therein referred to, he may within three months after the date upon which he was called upon to accept the award of an arbitrator or arbitrators institute an action in the Supreme Court to determine any such matter and if he fails within such period to institute such action he shall be deemed to have agreed to such beacons and boundaries.

(8)        In cases of minority, interdiction or substitution, a person deemed under section 2 to be the owner shall have full power to accept the agreement and render it binding notwithstanding that such acceptance may amount to a transfer, compromise or to an act not purely of administration.

(9)        For the purposes of this section-

“contiguous owner” means the owner of any land abutting upon the boundary under survey; and

“sign” includes affixing a mark in the manner set out in subsection (2).

(10)      This section shall not apply to any survey started on or after 1st January, 1981.

14.    (1)     The owner of the property under survey or a contiguous owner may object to beacons and boundaries in the following cases and in such others as may be prescribed-

(a)     when a survey is carried out of any previously unsurveyed beacon or boundary;

(b)     when a survey is carried out of a period which abuts on to a parcel the survey of which has not been approved by the Director;

(c)     where a sub-division is carried out of a parcel the survey of which has not been approved by the Director;

(d)     when, in the course of an original survey abutting on a previous survey or of a re-survey or of a division survey, the data derived from the later survey differs beyond the prescribed limits from the data derived from the previous survey; and

(c)     when a survey is carried out for the purpose of settling a boundary dispute, when such dispute has been resolved and diagrams resulting from such survey are to be approved.

(2)        On completion of a survey of any land, the land surveyor shall se4rve on the owner and all contiguous owners of whom he is aware, a notice in writing informing them that the survey has been lodged with the Director and that any objections to the beacons and boundaries set out in the related survey records must be lodged in the Registry of the Supreme Court within 2 months of the date of the notice.

(3)        In addition to the notice served under subsection (2) the land surveyor shall publish in the Gazette and in a newspaper circulating in Seychelles a notice stating that the survey has been lodged with the Director and that any objections to the beacons and boundaries set out in the related survey records must be lodged in the Registry of the Supreme Court within 2 months of the date of publication.

(4)        An owner or contiguous owner may indicate in writing his acceptance of the beacons and boundaries and, if he fails to do so or to lodge an objection within the period specified in subsection (2) or (3) he shall be deemed to have accepted the beacons and boundaries.

(5)        Service of a notice under subsection (2) and publication of a notice under subsection (3) shall be necessary in the case of a subdivision of a parcel the survey of which has not been approved by the Director:

Provided that-

(i)      service of a notice shall not be necessary on those owners or contiguous owners who are absentees or whose address cannot be ascertained who have accepted or who are deemed to have accepted the beacons and boundaries or whose objections thereto have been dismissed by the Supreme Court or as a result of arbitration under this section;

(ii)     failure to serve a notice under subsection (2) shall not invalidate the survey and the Director may approve such survey notwithstanding such failure.

(6)        If an owner or contiguous owner has lodged an objection under this section in the Registry of the Supreme Court, a judge in Chambers may, if every person affected by such objection undertakes to accept the award of an arbitrator or arbitrators to be appointed by the judge as final and conclusive upon all matters in dispute in connection with any beacon or boundary and in regard to the costs of or incidental to such arbitration, appoint such arbitrator or arbitrators to determine such matters and costs and his or their award shall thereupon be final and conclusive and shall not be challenged in any court.

(7)        If any person who has lodged an objection under this section fails to give the undertaking referred to in subsection (6) he may, within 3 months after the date he was called upon to accept the award of an arbitrator or arbitrators, institute an action in the Supreme Court to determine the matter, and if he fails within such period to institute such action he shall be deemed to have accepted such beacons and boundaries.

(8)        If any person affected by an objection lodged under this section fails or is unable for any reason to give the undertaking referred to in subsection (6) and the matter cannot be referred to arbitration under that subsection, the person who lodged the objection may, within 3 months of the filing of the objection, institute an action in the Supreme Court to determine the matter, and if he fails within such period to institute such action he shall be deemed to have accepted such beacons and boundaries.

(9)        The Director shall approve a survey lodged with him when the beacons and boundaries of that survey have been accepted or are deemed under this section to have been accepted or when the position of such beacons and boundaries is in accordance with a judgment or order of the Supreme Court or with the award of an arbitrator or arbitrators made under subsection (6); in the case of surveys carried out by the Director, for functions of the Director under this subsection shall be performed by such other person as may be prescribed.

(10)      In cases of co-ownership, succession, minority, interdiction or substitution a person deemed under section 2 to be the owner shall have full power to accept beacons and boundaries notwithstanding that such acceptance may amount to a transfer, compromise or an act not purely of administration.

(11)      In this section “contiguous owner” has the same meaning as in section 13.

(12)      This section shall apply to surveys stated on or after 1st January 1981.

15.    (1)        Whenever a dispute in regard to any boundary or beacon of contiguous parcels of land has been finally determined by a judgment of the Supreme Court or by the award of an arbitrator or arbitrators, the owners of any land affected by such judgment or ward or such of them as may be specially directed thereby, shall take such steps as may be necessary to have a survey made for the purpose of framing a diagram correctly representing the boundaries and beacons of such land as determined by such judgment or ward.

(2)        Any judgment or ward mentioned in subsection (1) shall determine in what proportion the cost of any survey for the purpose of framing any diagram or otherwise giving effect to such judgment or award shall be borne by the owners of any land affected by such judgment or award.

16.    (1)        Whenever it is established to the satisfaction of the Director that an approved diagram does not correctly represent the boundaries of a parcel of land the owner thereof may apply to the Director for the cancellation of the existing diagram and the approval in lieu thereof of a new diagram of such land based on a re-survey.

(2)        The provisions of section 13 or section 14 shall apply mutatis mutandis in regard to such new diagram and to all matters in connection therewith or to the survey upon which it is based and such new diagram shall not approved unless the said provisions have been complied with.

(3)        If it appears from a re-survey under this section that an existing diagram is correct, the Director shall endorse thereon a certificate that the land represented thereby has been resurveyed and the beacons and boundaries of such parcel of land shall be deemed to have by been lawfully established in accordance with section 21:

Provided that the provisions of section 13 or section 14 shall apply mutatis mutandis in the manner as if such re-survey were a survey and as if such endorsement were an approval of the diagram for the purposes of that section, and that such endorsement shall not be made unless those provisions have been complied with.

17.    (1)        Whenever the owner of a parcel of land surveyed under this Act desires to subdivide the same into one or more portions of land, each such portion shall be surveyed and a diagram thereof prepared in accordance with the provisions of this Act shall be submitted to the Director for approval.

(2)        The Director may, in his discretion, permit one of the portions to be described as the remaining extent, in which case it shall not be necessary to submit a diagram of such remaining extent.

18.    If 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-

(a)     when the difference is beyond the prescribed limits of error, approve a diagram prepared in accordance with the re-survey as if the parcel of land such as is referred to in section 13 or section 14 and in subsection (1) of section 16:

Provided that the provisions of section 13 or section 14 have been complied with mutatis mutandis in regard thereto and to all matters in connection therewith:

Provided further that every parcel of land, a beacon or boundary whereof has a bearing on or reference to the parcel of land represented on the said diagram shall be deemed to be contiguous to such parcel of land for the purposes of section 13 or section 14,

(b)         when the different is not beyond the prescribed limits of error and he is satisfied that the re-survey has been more accurately performed than the previous survey, and that the positions of the beacons and boundaries adopted in both such surveys are identical, approve a new diagram of the parcel of land under re-survey, or a diagram of any portion thereof prepared in accordance with the re-survey;

(c)          when the difference is beyond the prescribed limits of error in respect of certain only of the beacons and boundaries, while the numerical data of the remaining beacons and boundaries either agree or do not differ beyond the said limits, approve a new diagram of the parcel of land under re-survey or a diagram of any portion thereof prepared in accordance with the resurvey, if the provisions referred to in paragraph (a) of this section have been complied with in regard to those beacons and boundaries the data whereof differ beyond the prescribed limits, and the conditions referred to in paragraph (b) of this section are present in regard to all other beacons and boundaries:

Provided that the Director may at his discretion approve the diagram without compliance with the provisions of subsection (1) of section 13 or section 14 in respect of any beacon or boundary in regard to which there is documentary evidence in his office proving that the position determined for such beacon or boundary is correct.

19.    When 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.    Every land surveyor who executes a survey shall deliver or transmit to the Director for examination and filing-

(a)     such records as may be prescribed relative to such survey and any other information which such land surveyor may consider material and useful or which the Director may require;

(b)     in the case of a re-survey or of a division survey under sections 16 and 18, a report with an explanatory plan clearly setting forth the degree or particulars in which such re-survey or division survey differs from the survey upon which the existing diagram or diagrams was or were based as disclosed by such diagram or diagrams and containing such other information as such land surveyor may deem material or useful or which the Director may require;

(c)     where applicable, an agreement as to beacons and boundaries as presented in section 13.

PART V

Beacons and boundaries

21.    (1)        The position of any beacon or boundary deemed in terms of this section to have been lawfully established shall be unimpeachable, that is to say, it shall not be capable of being brought into question in any Court, and the Director shall not accept for approval or filing any document which shows any beacon or boundary inconsistent with such position.

(2)        Subject to the provisions of subsection (3) a beacon or boundary shall be deemed to have been lawfully established-

(a)     when its position is in agreement with the position thereof adopted in an original survey and when a diagram based on such original survey has been approved in accordance with the provisions of section 13 or section 14;

(b)     when its position is in agreement with the position thereof adopted in a re-survey and when a diagram based on such re-survey has been approved in accordance with the provisions of section 16;

(c)     when its position is in agreement with the position thereof adopted in a re-survey such as is referred to in-

(i)      paragraph (a) of section 18;

(ii)     paragraph (c) of section 18 if the provisions of paragraph (a) of that section have been complied with in regard to such beacon or boundary,

and when a diagram based on such re-survey has been approved;

(d)     when its position is in agreement with a judgment or order of the Supreme Court or with the award of an arbitrator or arbitrators made under the provisions of subsection (6) of section 13 or section 14.

(3)        A contiguous owner who was not called upon to sign the agreement as to beacon or boundaries in accordance with the provisions of subsection (3) of section 13 or section 14 shall be deemed to have accepted the position of such beacons and boundaries and be bound thereby if ten years have elapsed from the time when such beacons and boundaries would but for such failure have been lawfully established under the provisions of section (2):

Provided that is if at any time within the said ten years it comes to light that such contiguous owner exists and should have been called upon to sign the agreement the procedure laid down in subsections (3) to (9) of section 13 or section 14 shall be followed before the beacons and boundaries to which the agreement relates may become lawfully established.

(4)        The beacons and boundaries shown on a plan filed under subsection (6) of section 15 of the Land Registration Act shall be deemed to have been lawfully established after 10 years have elapsed from the first registration under the provisions of the said Act of the parcel of land to which such plan relates or on the conversion by an order of the Supreme Court of the title to such parcel from a qualified to an absolute title.

(5)        The period of the years mentioned in subsections (3) and (4) shall not be suspended by any event or for any cause whatsoever and shall run against all persons without exception notwithstanding anything in any enactment to the contrary.

22.    (1)        All beacons erected for the purpose or in consequence of any survey or re-survey of land under this Act shall be substantially and durably constructed under the supervision of and in the position determined by a land surveyor.

(2)        Beacons shall be composed of such material, and erected in such manner, as may be prescribed.

(3)        subject to the proviso to subsection (4) of section 24 the costs of erecting beacons, including the cost of determining their position by survey, when necessary, shall be borne by the owner of the land surveyed or resurveyed, who shall be entitled to recover from the owner or owners of land contiguous to the boundaries concerned a proportionate share of the cost of determining the position of, or of erecting, any beacon which is also a corner beacon of his or their properties.

23.    Except 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.    (1)        Every owner of land shall maintain in proper order and repair, and shall do so in accordance with the regulations, any beacon or mark defining a corner point of his parcel of land whether such beacon or mark was erected for the purpose of or in connection with a survey or re-survey of such land under this Act or any prior law, or for the purpose of or in connection with a survey or re-survey of any land contiguous thereto.

(2)        If any such beacon or mark has not been maintained in proper order or repair or has been removed or obliterated, the Director may, by delivery or by registered post, serve upon the owner of land whereof such beacon or mark indicates a corner point, a notice in writing calling upon him to arrange for the restoration of such beacon or mark to its correct position, or to have it re-erected in the prescribed manner, as the case may be:

Provided that the restoration or the re-erection of any such removed or obliterated beacon or mark shall be carried out by or under the immediate supervision of a land surveyor.

(3)        If a beacon or mark in respect of which notice has been given under subsection (2) of this section is not restored or re-erected within six weeks of the date upon which any such notice was delivered or posted, the Director may cause such beacon or mark to be so restored or re-erected by a land surveyor.

(4)        The owners of all parcels of land of which a beacon or mark indicates the corner points shall be liable in equal shares for the costs of the repair, restoration or re-erection of any such beacon or mark and the Director may recover from every such owner his proportionate share of all costs incurred by the Director under subsection (3):

Provided that if it is clearly established that any such owner, or the servant or agent of any such owner, has damaged, removed or obliterated any such beacon or mark the entire cost of the repair, restoration or re-erection of such beacon or mark shall be borne by such owner.

25.    Any 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.    Every 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.    No 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.    The 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     (1)        The Director, a Government surveyor, a land surveyor and any other person generally or specially authorised in that behalf by the Minister may, for the purpose of performing any duties relating to survey-

(a)     enter upon any land with such assistants or servants, vehicles, appliances and instruments as are necessary for or incidental to the performance of such duties;

(b)     place, erect or set up any permanent beacon, bench mark, reference mark or trigonometrical station or any temporary flag, signal or other mark upon such land or upon any building or structure erected thereon;

(c)     alter or repair any beacon;

(d)     make use of any natural material upon which no work has previously been expended, and of any water, whether conserved or not, found upon or in such land;

(e)     enter at all reasonable hours any building or enclosed place for the purpose of obtaining any measurements necessary to a proper and satisfactory performance of his duties;

(f)     inspect all beacons and boundaries;

(g)     cut down any trees, branches, vegetation or brushwood in the vicinity of any beacon, mark, station, flag or signal for the purpose of enabling observations to be made thereto or therefrom:

   Provided that-

(i)      reasonable notice of the intention to exercise any of the powers conferred by this subsection shall be given to the owner, or, if such owner is not in occupation, to the occupier of such land; and

(ii)     as little damage and inconvenience as possible shall be caused by the exercise of the said powers and such owner or occupier shall be entitled to compensation for any damage caused to or in any building or enclosed place and for any unreasonable damage caused to any other property belonging to such owner or occupier and such compensation shall be determined and paid in the prescribed manner.

(2)        Any person who in any manner whatsoever prevents, obstructs or impedes or attempts to prevent, obstruct or impede, the exercise of any power conferred by subsection (1) or removes, obscures or destroys any flag, peg signal or other mark of a temporary character lawfully placed on any land in connection with any surveying operations, shall be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand rupees or to both such imprisonment and fine.

30.    The 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.    The Minister may make regulations prescribing-

(a)     the fees to be paid by an owner of land any survey of such land, including any records relating to such survey, the manner in which and the person by whom such fees may be taxed, the cost of such taxation and by whom they shall be borne;

(b)     the manner in which surveys shall be performed and the manner and form in which the records of such surveys shall be prepared and furnished to the Director;

(c)     the degree of accuracy to be obtained and the limit of error to be allowed in surveys and re-surveys of land;

(d)     the diagrams required in respect of all surveys of parcels of land, the manner of preparing such diagrams, the information to be recorded thereon and the number of such diagrams to be supplied;

(e)     the form and dimensions of beacons, reference marks, bench marks and trigonometrical stations, the manner of marking the same for identification and the manner of their construction, erection, protection, maintenance and repair;

(f)     the procedure to be followed in arbitration proceedings under this Act, the powers and duties of arbitrators appointed thereunder and the principles by which they should be guided in arbitration proceedings;

(g)     the manner in which surveys shall be based upon existing secondary and tertiary triangulations;

(h)     the steps to be taken by the Director to test the accuracy of surveys, the records of which are lodged with him for approval and in the event of such surveys being inaccurate, in the opinion of the Director, the action to be taken to ensure the rectification of the survey and the records thereof;

(i)      the testing of surveying instruments and of measuring tapes to be used in the survey of land;

(j)      the unit of measure to be used on diagrams;

(k)     the evidence which shall be produced and the conditions which shall be fulfilled by any person applying for a licence to practise as a land surveyor under this Act;

(l)      the method of examination of persons desirous of qualifying for a licence, the syllabus of subjects therefore, the standard to be reached at the examination in each subject and the fees payable for examination;

(m)    what certificates of examination, diplomas, degrees, licences or titles shall be recognized for the purpose of exempting a person from passing the whole or any part of ay examination;

(n)     the fees or charges to be paid in respect of any diagram, plan or document issued by or any act or matter required or permitted to be performed or dealt with in the office of the Director;

(o)         the duties of the Director and the records to be kept in his office;

(p)         anything which is to be prescribed under this Act;

and generally as to any matter appertaining to the surveying and charting of land and for carrying out the objects and purposes of this Act.

32.    All 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.    (1)        The Director may issue certified copies of diagrams, plans, or other records in his custody and such copies shall be admissible in evidence to the same extent and in the same manner as the original would but for this provision be admissible.  Certificates that such copies or extracts are true and purporting to be signed by the Director shall, in the absence of proof to the contrary, be held to have been so signed.

(2)        Section 8 of the Evidence Act shall apply to the Director in respect of the records filed in his office.

(3)        The Director shall not, except on the order of a Court, issue a certified copy of any diagram, plan or other record in his custody and relating to a survey unless he is satisfied that the fees of the land surveyor who carried out the survey have been paid.  This prohibition shall not apply after the death of the land surveyor concerned.

34.    A 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.    If 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.

 

_____________________

LAWS OF SEYCHELLES

LAND SURVEY ACT

CHAPTER 109

SUBSIDIARY LEGISLATION

S.I 29 of 1964.

S.I. 37 of 1964.

S.I. 57 of 1968.

S.I. 75 of 1973.

S.I. 95 of 1975.

S.I. 104 of 1975.

S.I. 72 of 1976.

S.I. 1 of 1978.

S.I. 87 of 1980.

S.I. 38 of 1986.

S.I. 77 of 1987.

S.I. 6 of 1990.

S.I. 43 of 1991.

SI. 95 of 2008.

 

SECTION 31

 

S.I 32 of 1966.

THE LAND SURVEY (SERVICE OF SUMMONS) REGULATIONS

[12th May, 1966]

 

1.      These regulations may be cited as the Land Survey (Service of Summons) Regulations.

2.      The summons to be sent by registered post by a land surveyor under the provisions of subsection (2) of section 12 of the Act before performing a survey shall in the case of State land be addressed to the Director.

_________________

THE LAND SURVEY REGULATIONS

[4th June, 1964]

 

PART I

Introductory

1.      Citation

PART II

Field Work

2.      Information previous to survey.

3.      Testing of measuring bands and adjustment of instruments.

4.      Field book observations, etc.

5.      Surveys to be based on trigonometrical stations.

6.      Position of trigonometrical stations to be indicated.

7.      True north.

8.      Determination of points.

9.      Checking of surveys and limits of allowable error.

10.  Beacons on or near boundaries.

11.  Boundaries to be adopted in certain cases.

REGULATION

12.  Limit of allowable difference between original and sub-divisional surveys.

PART III

Beacons, Reference Marks and Trigonometrical Statiosn

13.  Beacons.

14.  When beacons not required.

15.  Indicatory beacons.

16.  Moving of beacons.

17.  Report of damage to trigonometrical stations.

PART IV

Diagrams

18.  Quality and size of paper.

19.  Margin.

20.  Ink.

21.  Geometrical figure.

22.  How to indicate beacons and stations.

23.  Lettering and numbering.

24.  How to indicate contiguous properties.

25.  Unit of measure.

26.  Scales.

27.  Numerical data to be recorded on a diagram.

28.  Co-ordinates.

29.  Limits of inconsistency.

30.  True north.

31.  Names of rivers, etc., to be given.

32.  Direction of rivers.

33.  Direction of roads.

34.  Irregular boundaries.

35.  Limits of figure to be verbally defined.

36.  Land to be designated by Letter and number.

37.  Identity of divided land to be quoted.

38.  Servitudes.

39.  Beacons to be described.

40.  Connecting data.

41.  Diagram not to be composite.

42.  Director may exempt from requirements of this Part.

43.  Erasures.

44.  Approved diagrams.

45.  Untidy and dilapidated diagrams.

46.  Diagrams to be signed and dated.

47.  Number of diagrams required,

PART V

Survey Records

48.  Survey records.

49.  Working plan.

50.  Computations.

51.  Co-ordinates of points on straight line.

PART VII

Arbitration Proceedings and Determination of Compensation for Damages Caused as Result of Surveys

52.  Arbitration proceedings.

53.  Compensation for damage caused in exercise of the powers conferred by section 28 of the Act.

PART VIII

Fees and Taxation

54.  Fees that may be charged by Director.

55.  Tariff for surveys.

56.  Taxation of bill of costs.

PART IX

Miscellaneous

57.  When a beacon has a bearing on a period of land.

58.  Surveys of State land and surveys on behalf of the Government.

59.  Existing diagram to accompany an application for a new diagram.

60.  Document required by director under regulations deemed to be an essential part of the survey.

61.  Replacement of lost beacon to be reported by land surveyor.

62.  Sketch to be in duplicate when return desired.

63.  Form of agreement as to beacons and boundaries.

64.  Prescribed oath.

65.  Certified copies that may be issued by land surveyor.

66.  Duties of Director and records to be kept in his office.

67.  Who is to act for purposes of section 13(5) of the Act incase of surveys carried out by Director.

68.  Regulations to apply to Director and Government Surveyors.

69.  Discretion of Director.

70.  Service of notice.

71.  Consent, agreement or acceptance in writing.

_________________

PART I

Introductory

1.            These Regulations may be cited as the Land Survey Regulations.

PART II

Field Work

2.            Before carrying out any survey a land surveyor shall provide himself with all available information in respect of any previous surveys of the parcel of land to be surveyed and of the adjoining parcels of land.  The Director will furnish this information to the land surveyor free of charge if he is in a position to do so.

3.            (1)        Every land surveyor shall assure himself that the measuring bands or other measuring equipment which he uses for the purpose of base or other measurements have been properly tested and their error ascertained, and that his theodolite and other survey instruments are in proper state of adjustment.

(2)        A land surveyor shall, once every year and again when called upon to do so by the Director, submit to that officer his measuring bands or other measuring equipment for the purpose of being tested.

(3)        A land surveyor, if he so desires, may at any time submit one or more of his measuring bands or other measuring equipment to the Director to be tested.

(4)        The Director may condemn any instrument or measuring band or other measuring equipment which he considered is not fit for survey work, of he may prescribe on what class of survey work any particular instrument may be used and the number of repeat observations which must be made with any particular instrument.

(5)        It shall not be lawful for a land surveyor to use in any survey made under the Act any instrument or measuring band or other measuring equipment condemned under sub-regulation (4).

(6)        The Director shall assign a distinctive number to each of the measuring bands and instruments tested by him, and a land surveyor shall quote such number in the field book relating to each survey he makes.

(7)        The testing of measuring bands or other measuring equipment by the Director under this regulation shall be made free of charge.

4.            (1)        Observations shall be made on both faces and these observations shall be separately entered in the field book.

(2)        Tours of observations from any point shall be made alternately in clockwise and in anti-clockwise order.

(3)        In the first tour at each observing point the instrument shall be set, when possible, in the direction which is to be used throughout the survey and computations.

(4)        Each tour of observations from an observing point shall be concluded by signing on to the first object observed in the tour, and the resultant reading shall be entered in the field book.

(5)        All angular observations, measurements of length, the dip and when necessary, the temperature, and the distance to be corrected for sag, shall be separately entered in the field book.

(6)        At each observation station the following information shall be recorded in the field book-

(a)     the name of the observer and the booker;

(b)     the time and date on which the observation is made;

(c)     the type of instrument and the particulars of the measuring band or other measuring instrument; and

(d)     any special circumstances affecting any observation;

(7)        A full description of all beacons, whether placed, found or adopted, and other marks used in the course of the survey, shall also be entered in the field book.  When an existing beacon has been reconstructed, a description of it as found and as finally left shall be given.

(8)        All field books used in surveys of land shall be in a form approved by the Director, and all observations and measurements made in the field shall be recorded clearly and legibly in hard pencil.

(9)        Any entries in the field book other those of actual observation or measurements made in the field, shall be written in ink unless under exceptional circumstances this is impracticable.  Entries of date for setting out beacons shall be written in ink and be cross referenced to the pages in the computation from which such data were extracted.

The values obtained in the field as the result of actual observation or measurement in respect of any such entries shall be written fully in pencil.

(10)      Ion no account shall erasures be made in a field book.  Alterations shall be made by drawing a line through the erroneous entry in such a way that the original entry remains legible.  The correct value of the entry shall be written outside the erroneous entry and never across it.

Such alterations must be made in the field as the result of actual direct re-observation or re-measurement and at the time such re-observation or re-measurement is made.  All such alterations shall be initialed by the land surveyor.

5.            (1)        Subject to sub-regulation (2), the survey of any parcel of land shall be based on the trigonometrical control network.

(2)        The Director may, in any circumstances which he deems exceptional and subject to regulation 7 and to such other conditions as he deems fit to impose, exempt a survey from the requirement of sub-regulation (1).

6.            The position of any trigonometrical station which falls within the limits of the land surveyed shall be indicated on the diagram of such land.

7.           

True north.

When the survey of any parcel of land is not based on trigonometrical stations, the direction of the true north shall be determined by astronomical observation, if not derived from other sources.  The manner in which the true north has been determined shall be recorded in the field book.

8.            (1)        Adequate checks of a standard acceptable to the Director shall be carried out to all points.

(2)        The checks referred to in sub-regulation (1) shall include, in addition-

(a)     in the case of a single triangle, the angle at the point being determined, shall not be less than 30 degrees nor greater than 150 degrees;

(b)     in the case of resection, the resection shall be determined from at least four points and the total internal angle shall not be less than 90 degrees;

(c)     in the case of bearing and distance, the bearing and distance shall be determined from at least two survey stations; and

(d)     in the case of angle observation, the observation shall be made on both faces and on at least two separate arcs of the circle.

9.            (1)        A land surveyor shall always perform sufficient field work to enable him to apply a thorough check of every part of his survey.

(2)        For the purpose of paragraph (d) of subsection (1) of section 9 of the Act, the error in any survey shall not exceed the limits expressed by the following formulae where-

            Class A refers to the fixing of control stations and of reference marks;

            Class Brefers to the survey or re-survey of boundary beacons:

(a)          when the position of a point is fixed by triangulation, the difference between the observed and calculated value of any of the directions used in the fixing of the point shall not exceed 20,000

For Class A _______________  seconds.

                        S + 1000

 

                        30,000

For Class B _______________  seconds.

                        S + 1000

Where S is the distance in meters;

(b)         when the position of a point is fixed by traverse, the traverse shall proceed from a known point to a known point, and the linear displacement between the known position of a point and its position as determined by traverse shall not exceed-

                                    1

For Class A _______________  the of the total length of

                        5000                the traverse.

                                    1

For Class B _______________  th of the total length of

                        3000                the traverse.

(c)          when the position of a point in Class ª is fixed by a traverse which closes on the starting point only, the linear displacement referred to

                                                            1

      in subparagraph (b) shall not exceed _____________th of

                                                                        4000

      the total length of the traverse.

(d)         Where the Director considers a traverse to be too short, he may allow a reasonable misclosure, notwithstanding any other requirements under these Regulations;

(e)          where a surveyor is unable to close his work within the limits presented in these Regulations, the Director may authorise or instruct the surveyor to accept a lower order of misclosure.

(3)               The survey of curvilinear bound shall-

(a)          be made by either a subsidiary traverse or survey procedure or air-survey method acceptable to the Director; and

(b)         be carried out to a standard of accuracy appropriate to the plotting scale of the plan.

10.        (1)        In any survey of land, where the position of an existing beacon is supposed to be on a straight line boundary which is common to the land under survey and to other properties, the surveyor shall investigate position of the beacon and proceed as follows-

(a)          where the terminal beacons of a straight line are established beacons, the beacon, if it is not on the straight line, shall be placed on line, unless it is a beacon which is recognized by all parties in which case it shall be adopted as a beacon of the land under survey;

(b)         where the terminal beacons are not established beacons, the beacon if it is not on line, may be adopted as a beacon of the land under survey if it is recognized by all parties and is accepted as such in accordance with section 13 or section 14 of the Act.

(2)        When any beacon on the common boundary of a parcel of land under survey and an adjoining parcel of land is found not on line-

(a)     if the beacon is an established beacon, it shall be adopted as a beacon of the land under survey; or

(b)     If the beacon is a well established beacon recognized by all parties and is accepted or deemed to be accepted under section 13 or section 14 of the Act, it may be adopted as a beacon of the parcel under survey.

(3)        In cases not provided for above the land surveyor shall investigate the matter thoroughly and collect all available information and evidence to enable him to place the beacons in their most likely positions.  Where applicable an agreement in the prescribed form in respect of all such beacons shall be lodged with the Director if deemed necessary by him.  A full report detailing all the evidence on which the land surveyor based his action shall be submitted with the relative survey records.

(4)        In correcting the alignment of a beacon as provided for in this regulation such beacon shall as a rule be placed on the intersection of the boundary line of which it forms a terminal with the straight line on which it is supposed to be.

(5)        Should there be any uncertainty whether a beacon or boundary has been lawfully established or consented to as provided in sub-regulation (1), the land surveyor shall apply to the Director for information on this point.

(6)        For the purpose of this regulation-

(i)      a beacon shall be deemed to be not on the true and correct boundary when its displacement exceeds-

                                          d

                                 0.1+_____ meters, with a maximum of one metre

                                          700

where “d” is the distance from such a beacon to the nearest terminal or point justifiably adopted as such terminal in terms of this regulation;

(ii)     “established beacon” means a beacon established in terms of section 21 of the Act; and

(iii)    a survey includes a re-survey.

11.        Wire fences, roads, streams which are liable to change their courses, and any other natural or artificial features, which are not clearly and permanently defined shall not be adopted as boundaries in any survey unless they are shown as boundaries in the original diagram of the adjoining parcel of land.

12.        For the purpose of section 18 of the Act-

(a)     the limit of error for disagreement with the original survey is .015√d where “d” represents the distance in meters between any two beacons affected by the sub-division.  Any portion of a boundary line shall be considered to be within the limit when the whole of the boundary line is within such limit;

(b)     the allowable error in any curvilinear boundary represented on an original diagram is limited merely by the consideration whether the boundary is represented thereon with sufficient accuracy to enable the Director to perform the duties assigned to him under paragraph (d) of regulation 66 in regard to such original diagram.

PART III

Beacons, reference marks and trigonometrical stations

13.        (1)        Except as provided in regulation 14, the corner points and any on line points of every parcel of land surveyed shall be marked with beacons.

(2)        A beacon marking a corner point or any on line point shall be one of the following namely-

(a)     a 3 to 6 mm. diameter metal stud embedded in a concrete block 10 cm. square by 30 co. high, having thereon a number assigned by the Director shall constitute a standard beacon; such a beacon shall be planted in the ground to a depth of not less than 20 cm.:

         Provided that where a boundary mark falls on rock, the beacon shall be in the form of an iron peg 15 – 20 mm. diameter cemented in a hole drilled in rock and projecting 5 – 10 cm. above the rock;

(b)     a 15 – 20 mm. diameter iron bar or galvanized iron pipe at least 45 cm. long driven vertically into the ground and projecting 5 – 10 cm. above the ground; or

(c)     a metal stud as in paragraph (a) above embedded in a masonry or concrete beacon embedded at least 30 cm. below ground level and projecting 5 – 10 cm. above ground level;

(d)     any other type of beacon or mark acceptable to the Director.

(3)        All survey points which may prove of value at a later date shall be marked by 15 – 20 mm. diameter iron bar 45 cm. long covered by a cairn of stones 60 cm.

(4)        When in the survey of a parcel of land a beacon which should define one of its corner points is missing or is in a dilapidated condition or is of a type decidedly inferior to the standard prescribed by this regulation, the land surveyor shall cause it to be re-built in its original position or cause it to be repaired so as to bring it in conformity with the requirements of this regulation.

(5)        Any departure from authorised types of beacons which may be necessitated by local circumstances shall be reported to the Director for sanction.

14.        (1)        Where the corner point of a parcel of land coincide with a corner of a building, the corner of the building shall be adopted as the beacon, provided that the exact point is described on the diagram.

(2)        Where the corner point of a parcel f land does not coincide with the corner of a building, but is in such proximity to it that a beacon cannot conveniently be placed in position, the relative positions of the corner of the building and the point which the beacon should occupy shall be ascertained and clearly indicated on the diagram by numerical data in an inset on an enlarged scale.

(3)        Where the area affected by a servitude is of a definite width it shall be necessary to place beacons only along one side or along a convenient indicatory line thereof:

Provided that in any particular case, subject to the consent of the Director, beacons to define servitudes may be dispensed with.

(4)        In the survey of a parcel of land for alienation to the owner of an adjoining parcel of land is shall not be necessary to replace any beacon which defines the boundary common to such parcels of land but which is missing when it is evident that the re-erection of such beacon shall serve no useful purpose.

15.        (1)        When a corner point of a property falls within inaccessible ground or where it is inadvisable to place a beacon, or when the position for an original beacon of a property under survey falls in an inaccessible place such as in a river, stream, dam, marsh, road, or street, its position shall be indicated on the ground by beacons erected on the straight boundary lines meeting at this point, and as near as possible thereto as will be consistent with their safety, and the distance between such indicatory beacons and the inaccessible corner point of the property shall be furnished on the diagram, provided that, where indicatory beacons are likely to be mistaken for corner beacons, they shall not be placed.

(2)        The intersection of a rectilinear boundary with a curvilinear boundary shall be indicated by a beacon erected on the former boundary and as near to the latter as circumstances permit without endangering the permanency of the beacon.  Whenever praticable, the indicatory beacon shall be on the same side of the curvilinear boundary boundary the land in respect of which it is a beacon.

(3)        When a beacon has been removed under the authority of the Director in accordance with section 25 of the Act, and it is not possible or advisable to replace it in its original position, an indicatory beacon shall be placed on each of the straight boundary lines meeting thereat.  The placing of these beacons shall be effected under the supervision of a land surveyor who shall furnish the Director with such information as he may require to enable him to record the positions of the indicatory beacons on the relative diagrams.

16.        Subject to the provisions of regulation 10, the Director may, when he shall deem it necessary, alter the position of, remove or destroy a beacon or land mark erected to define or recognized as defining a boundary of any land or may, by writing under his hand, depute a land surveyor to do so.

17.        If it should come to the knowledge of a land surveyor, in the course of his work, that a trigonometrical station has been damaged or destroyed, he shall immediately report the circumstance to the Director.

PART IV

Diagrams

18.        (1)        All diagrams shall be framed on single sheets of goods durable paper of a quality approved by the Director and only one side of the sheet shall be used.

(2)        The dimensions of all diagrams shall be laid down in writing by the Director and such dimensions shall not be departed from save in exceptional circumstances and with the prior approval of the Director.

19.        A marginal space shall be left along all four edges of the paper used in framing any diagram: that along the left and top edges to be not less than 4 centimetre in width.  These marginal spaces shall be free from all writing, and shall not be encroached upon in any way in the framing of the diagram except as provided in regulation 43(1).

20.        The ink used in the preparation of a diagram shall be of the best durable black quality.  The signature shall be in black of good quality.

21.        (1)        Except with the written approval of the Director, no diagram shall contain more than one parcel of land and on every diagram the land surveyed shall be represented by a geometrical figure:

            Provided that the following may be represented thereon:

(a)          Two or more parts of a parcel of land which are disconnected by the prior deduction of a narrow strip of land from the original diagram and which together form a sub-division of the land represented on such original diagram, provided that such part of the strip situated between the disconnected parts of land shall be referred to in the verbal description on the sub-division diagram as being excluded from the figure comprising the external boundaries of the sub-division exclusive of the area of the strip shall be quoted.

(b)         Two or more parts of a parcel of land represented on the same original diagram and which meet at one or more common points, provided that only the combined area of such parts is given on the sub-divisional diagram, and the verbal description of such parts and the corresponding data are recorded thereon in such a manner as not to reflect separate geometrical figures.

(2)        All the boundaries of such land, including curvilinear boundaries, shall be represented on the figure by continuous well defined black lines.

(3)        The plot of the figure shall agree with the results of the survey within a limit of one millimeter.

22.        (1)        The position of each beacon shall be indicated on a diagram by a small black circle.

(2)        When two or more beacons are in such close proximity to one another that their relative positions cannot be clearly shown on the diagram, they shall be plotted on a larger scale in an inset thereon.

(3)        A trigonometrical station shall be indicated by a small circle inscribed within a triangle.

23.        (1)        Each beacon of a parcel of land shall be designated by a letter and number differing from the letters and numbers by which the other beacons of the parcel of land are designated, which letter and number shall be written wherever possible outside the figure of the diagram but as near as may be to the point indicated.  The system of lettering and numbering to be adopted shall regulated by the Director.

            When a parcel of land has a curvilinear boundary, each intersection of the straight with the curvey boundary lines shall be lettered.

(2)        No letters or numbers other than those which can be reproduced by an ordinary typewriter shall be used in a field book, working plan or diagram.

24.        The directors of the boundary lines of contiguous properties shall be indicated by broken lines drawn from the points representing common beacons, and the names and other designations, if known, of such contiguous properties shall be written in their respective position.

25.        The sides and co-ordinates recorded on a diagram shall be expressed in one and the same unit of measure which shall be the International Metre.  In these regulations any reference to a metre or to a sub-division or multiple of a metre shall be construed as a reference to the International Metre or to a sub-division or a multiple thereof respectively.

26.        (1)        The scale to which the figure on a diagram is plotted shall be recorded.

(2)        The figure on a diagram shall be plotted to one of the scales which shall be laid down in writing by the Director:

            Provided that the size of the figure shall not be less than 6 square centimeters, nor so small as to be unnecessarily cramped, or that Any essential information would be inadequately represented on it, except as provided for in regulation 22(2).  This regulation may be departed from only with the prior consent in writing of the Director.

27.        (1)        A diagram shall contain the following numerical data:

(a)          The rectangular co-ordinates to two decimal places of every beacon of the parcel of land represented on the diagram, of all unbeaconed points defining the rectilinear figure, of all other beacons in respect of which connecting data are furnished, and of any trigonometrical station such as is referred to in regulation 6.

(b)         The sides to two decimal places.

(c)          The grid bearing of each straight boundary line or imaginary line joining any two beacons between which the boundary is curvilinear to the nearest ten seconds when such line is less than 1,000 meters in length, and to the nearest second when such line exceeds 1,000 meters in length.

(d)         The distance, when obtained by direct measurement, and the grid bearing from the indicatory beacon to the intersection of the rectilinear boundary with the curvilinear boundary, where a parcel of land has a curvilinear boundary and an indicatory beacon has been placed in accordance with regulation 15(2).

(e)          The area shall be in hectare and square metre and shall be calculated to the degree of accuracy specified in the following sub-paragraphs-

(A)        the area of a parcel of land of one hectare or less shall be given to three decimal places of an hectare and quoted to the nearest 10 square meters;

(B)        the area of a parcel of land of more than one hectare shall be given to the two decimal places of an hectare and quoted to the nearest 100 square metres.

(2)        The numerical data shall not be inscribed within the figure itself but shall be neatly tabulated on the diagram.

In the tabulation of the numerical data, points of the figure shall be referred to consecutively in clock-wise order.

28.        The algebraic sign + shall be written before each Easting and each Northing and in the statement of co-ordinates and E’s (representing eastings) shall always appear in the left-hand column and the N’s (representing Northings) in the right-hand column.

If either the E or the N co-ordinates are reduced by a constant quantity such constant, with its sign, shall be inserted above the column containing the corresponding reduced co-ordinates.  The constant shall be such that the signs of the original co-ordinates shall not be altered by the reduction.

29.        The sides, angles of direction and areas given on any diagram shall agree with their values, as obtained from the co-ordinates as far as the limitation prescribed in regulation 27 will allow:

Provided that this paragraph shall be read in conjunction with regulation 51.

30.        The direction of the grid north shall e indicated on every diagram by a straight line, and shall be distinctly designated by the letter “N”.  The north direction shall point as nearly as possible at right angles to and towards the top of the paper, and the line indicating it shall be drawn, if possible, to the left and clear of the figure.

31.        The names of all important rivers, lakes and mountains within or adjacent to the limits of the land surveyed shall be given on the diagram.

32.        When a river, stream or water-course is taken as one of the boundaries of the property being surveyed, the direction of the flow of the water shall be indicated by an arrow-head.

33.        When a main road or important thoroughfare is shown by a land surveyor on the diagram of any land surveyed by him, he shall state against the lines representing it, but not within the figure of the diagram, the name of the nearest town, village, or place of importance in each direction through which such road or important thoroughfare passes, indicating by the words “from” and “to” the direction in which such town, village or place of importance lies.

The word “from” shall be used generally to indicate the direction of roads entering the land from the south and west sides, and the word “to” to indicate the direction of those leaving the land on the north and east sides.

34.        (1)        When a river, stream, water-course, wall, cliff, or other well defined permanent natural or artificial feature on the grounds forms a boundary of a parcel of land, it shall be distinctly recorded in the verbal definition of the figure whether the right or left bank, or the middle of such river, stream or water-course, the north, east, south or west edge or middle of the wall, or the upper or lower edge of the cliff, is the boundary.

When the curvilinear boundary is not definitely described on the original diagram, or its description is ambiguous, the ambiguity shall be resolved in the sub-divisional diagram.

(2)        When a boundary between two parcels of land is ill-defined or unsatisfactory, and it is in the interest of all parties concerned that a boundary of another character be substituted for it, the Director may permit such last-named boundary to be adopted in the survey in lieu of the first-named boundary, provided that he is satisfied that it is so close thereto that no material alteration in the area of either parcel of land shall have taken place by reason of the substitution, and provided further that the owners of all properties contiguous to that boundary have signed an agreement as provided under section 13 of the  Act accepting the new boundary or have agreed to the boundary under section 14 of the Act.

35.        Subject to the provisions of regulation 34(1) every diagram shall contain a clear verbal definition of the limits of the figure representing the land.

36.        (1)        The land represented shall be distinguished on a diagram of a parcel of land surveyed by a letter and number designated by the Director and on a diagram of sub-division of a parcel of land of which a diagram has been filed in the office of the Director.

(2)        The letter and number by which a parcel of land is designated shall be quoted in the description and not written within the figure on the diagram.

(3)        In this regulation “number” means the number under which a parcel of land is filed in the office of the Director and the letter shall designate the cadastral district within which the parcel of land falls.

37.        In addition to the designation of the land as prescribed in regulation 36 there shall be quoted by the land surveyor, when possible and below his signature, on every diagram representing a sub-division of a parcel of land,-

(a)          the Director’s number, if any, of the original diagram;

(b)         the date and number, if any, of the deed of transfer to which the original diagram is annexed or relates.

38.        (1)        Special care shall be taken to represent with accuracy on a diagram features which form the subject of a servitude.

Beaconing shall not be necessary where the servitude is defined by physical features.  When the features or boundaries defining an existing servitude have been determined by survey and represented on an approved diagram, these need not for the purposes of any new diagram of the whole or a portion of the land affected by such servitude be re-surveyed, provided the limits of the servitude falling within the land surveyed are graphically represented on the new diagram and a reference is made to the diagram from which these were reproduced.

Where a new sub-divisional line is in close proximity to an existing servitude which is not indicated on the diagram of the relevant sub-division, the land surveyor shall furnish the Director with n assurance that such sub-division is not subject to such servitude.

(2)        When it is intended to create over a parcel of land a servitude which will be of effect upon such parcel being transferred, a note underlined in red with reference to such servitude shall be made by the land surveyor on the diagram of such parcel, below the data column.  The note shall be in the form of a direct statement, e.g. “J.K.L.M. represents a three metre right of way” but shall contain no condition which it is proposed to attach to the servitude, e.g. “J.K.L.M. represents a three metre right of way for the use of the owner of plot number 15”.

(3)        If upon the transfer of a portion of a property being effected, the remainder of a contiguous property owned by the same person is to be made subject to a right-of-way or other servitude, the surveyor may represent its position on the sub-divisional diagram, provided the whole figure of the servitude is shown on the diagram true to the scale of that diagram or in an inset plotted on a suitable scale.

(4)        Such data as are necessary to enable the position and limits of any such servitude as are referred to in paragraphs (2) and (3) of this regulation to be located on the ground shall be recorded on the sub-divisional diagram or servitude diagram, as the case may be, in the most convenient manner.

When the area of the servitude represents an appreciable proportion of the land affected it shall also be recorded on the sub-divisional diagram.

(5)        The provisions of regulations 18, 19, 22, 29, 30 and 37 shall apply mutatis mutandis to a diagram framed for the purpose of a servitude.  At least one copy shall be framed on paper.

39.        As a help to its future identification there shall be given a concise description of each beacon on any convenient space on the face of each diagram; such description shall be more or less in the following form-

            AB       98 Standard numbered concrete beacons

            B          iron peg cemented in hole drilled in rock

            C          20 mm. galvanized iron pipe projecting 10 cm. above ground

            D         old coral beacon

            E          masonry beacon

            F          corner of wall.

If any beacon is a fence post, this must be clearly stated in the description e.g., iron rail (corner fence post).

40.        In the case of a subdivision or combination of parcels a note shall be made on the diagrams of the subdivided or combined parcels that the parcel or parcels thus created are sub-divisions or combinations of the parent parcel.

41.        No sub-divisional diagram framed for transfer purposes shall represent portions of land represented on more than one original diagram.

42.        (1)        Subject to sub-regulation (2), in any case where the Director is of the opinion that it is not practicable because of the extent of the parcel covered by a diagram and the number of beacons involved in the survey of the parcel to comply with this Part he may exempt the diagram from the requirement of any or all of the provisions of this Part.

(2)        A diagram to which sub-regulation (1) applies shall contain a note stating that the information in respect of the diagram required by this Part may be obtained by reference to the diagrams of the adjacent parcel to in the diagram.

43.        (1)        Erasures shall not be allowed on any diagram submitted for approval.  Any alterations or amendments of the numerical data, or of the verbal definition of the figure, shall be effected by ruling out the incorrect data or words and by writing in the correct data or words above or next to those ruled out.

            The amendments or alterations shall be initialed by the land surveyor who has signed the diagram, or in special cases, by the Director in his discretion.  The Director shall notify the land surveyor of such amendment or alteration.

            The initials shall be placed in the margin opposite the correction, preferably in the right-hand margin.

(2)        In the framing of nay diagram, prick marks shall not be used for the purpose of transferring to it from another diagram or plan the positions of curvilinear boundaries or topographical features of the ground.  The positions of buildings and of beacons and stations used in the survey may, however, be transferred by means of pricking needle.

44.        (1)        After a diagram has been approved no alteration of any nature whatsoever shall be made thereto except by the Director with the consent of the land surveyor responsible; a certified copy thereof shall be issued by the Director on payment of the prescribed fee.

(2)        No deduction shall be laid down, nor shall any erasure, amendment, note or endorsement be made on an original diagram except by the Director.

45.        The Director may refuse to approve a diagram should he consider that it is framed in a careless or untidy manner or on unsuitable paper, or that by reason of amendments or by the addition of any matter other than is required by these regulations or other causes its general appearance has been spoilt or should it be in a dilapidated condition.

46.        Very diagram framed from a survey shall bear the date of such survey, and shall be signed by the land surveyor who effected the survey below the following certificate

 

“Surveyed on the ………………………….. 19………….. by me.

……………………………

Land Surveyor.”

 

47.        A diagram submitted for approval shall be submitted in duplicate or otherwise as the Director may require.

PART V

Survey records

48.        The survey records referred to in paragraph (c) of subsection (1) of section 9 and paragraph (a) of section 20 of the Act shall be-

(a)          the original field-book;

(b)         the computations in ink written on one side of the paper only;

(c)          a report relative to the alignment of beacons and other matters which may be considered material and useful;

(d)         the working plan;

(e)          a comparative sketch; and

(f)          the agreement to beacons and boundaries when relevant.

(g)          Copies of notices served in accordance with section 14(2) of the Act together with certificates of posting when service has been effected by post;

(h)         Copies of the newspaper carrying the notices mentioned in section 14(3) of the Act; and

(i)           Copies of the consent in writing of owners or contiguous owners mentioned in section 14(4) of the Act.

The records shall be submitted by the land surveyor to the Director for examination with every diagram, set of diagrams Framed from the survey, unless they are already filed in the office of the Director.  The Director will approve the diagrams, provided they are in order and the necessary examination fees, if any, have been paid.

49.        (1)        The size of the working plan shall not exceed 85 centimetres by 130 centimetres nor be less than 20 centimetres by 30 centimetres and it shall be drawn in ink on a stable transparent plastic material and on it shall be recorded the following informations-

(a)          a description sufficient to identify the land surveyed;

(b)         the letter, number or name assigned to each portion or lot into which the land has been sub-divided;

(c)          the position and name or other designation of every station, traverse point, reference mark, trigonometrical station or calculated point fixed or used in the survey or computations;

(d)         the positions and designations of all the beacons, and the positions of the boundary lines which they define;

(e)          the curvilinear boundaries.  These shall be accurately drawn in black ink on a scale not smaller than 1 in 5,000 unless otherwise permitted by the Director, in the case of any particular survey, by notice in writing to the surveyor engaged on such survey.  Should the scale of the working plan be smaller than 1 in 5,000 the curvilinear boundaries may be shown by means of an inset on the working plan or on a separate working plan;

(f)          all measured lines and directions used in the determination of a curvilinear boundary;

(g)          the positions and descriptions of all marked stations, beacons and landmarks or other indications of corner points which the surveyor has determined or placed in the course of his survey;

(h)         the scale on which the working plan is plotted, and that on which the curvilinear boundary is plotted;

(i)           where it is considered necessary or desirable in the interests of clarity or accuracy, the topographical features of the ground, including fences which are on or are supposed to be on the boundary lines;

(j)           the direction of the true north;

(k)         the area of each parcel in hectare and square metre shall be tabulated.

(2)        (a)     All boundaries shall be drawn on the working plan in black and all straight lines notionally separating rectilinear areas from curvilinear areas or showing a notional boundary common to both rectilinear and curvilinear areas shall be drawn in black pecked lines.

(b)     All lines, the lengths of which have been measured, shall be drawn in red.  Where a measured line is a boundary line the measured line shall be shown in red alongside the black.  All lines whose lengths have not been measured but whose angles of direction have been measured shall be drawn in blue.  When such a line has been observed from one end only, it shall be shown pecked in blue at the end from which it was not observed and full blue at the end from which it was observed.  Where buildings are plotted on the working plan such buildings must be shown in violet.

(c)     Beacons placed in the course of a survey shall be indicated by small black circles.  All beacons found and adopted in a survey shall be indicated by two concentric circles in black.  All beacons found and not adopted shall be indicated by two concentric circles in black with a line drawn through them.  Points which have only been calculated shall be indicated by small violet circles.

(d)     Traverse points and survey stations shall be indicated by red circles and where such points and stations have been marked as prescribed in regulation 13(3) they shall be indicated by two concentric circles drawn in red.

(e)          Each trigonometrical station shall be indicated by a small circle inscribed in a triangle, both drawn in black.

(f)          When two or more points are in such close proximity to one another that the required details cannot be clearly shown on the working plan they shall be indicated thereon by means of an enlarged inset not necessarily to scale.

(g)          Reference marks shall be indicated by crosses inscribed in circles both in red.

(h)         Conventional signs to be adopted on a working plan shall be as determined by the Director.

(i)           A working plan shall be signed by the responsible land surveyor under the following certificate:-

(j)           A working plan shall be signed by the responsible land surveyor under the following certificate:-

“Surveyed by me on ………………………………… 19…………..

 

…………………………

Land Surveyor

PART VI

Computations

50.    (1)        A land surveyor shall by his computations apply an efficient check to every part of his survey.

            These checks shall be clearly indicated by means of cross-references or concise statements.

(2)        Computations shall be clearly and legibly written.  Each sheet shall be numbered and references shall be made in the computations to the page or pages in the field book from which the date for the computations have been obtained.  One side only of the paper shall be used.

(3)        With the computations made in respect of any survey shall be-

(a)     a complete list of final co-ordinates of every point fixed in the survey and reference shall be made in this list to that page of the calculations on which the co-ordinates have been computed; and

(b)     a consistency sheet in respect of each diagram on which co-ordinates are furnished.

(4)        Computations shall be made throughout in the unit of measure prescribed in regulation 25.

(5)        Unorthodox methods of computation shall be fully explained if so required by the Director.

(6)        The Director may stipulate the methods and forms to be used in computations.

51.    In calculating the co-ordinates of a point on a straight line between two fixed points, and at a given distance from them, the shorter distance and the angle of direction of the whole line shall be used.

PART VII

Arbitration proceedings and determination of compensation for

damages caused as result of surveys

52     (1)        Upon receiving an objection lodged in terms of section 13(6) or section 14(6) of the Act to a beacon or boundary adopted in the survey or resurvey of any land, the Registrar of the Supreme Court shall serve notice, in the manner provided in regulation 70, requiring the person noticed, within a period of one month after the date of such notice to complete and sign before two witnesses and to return to him, a deed of submission substantially in the following form-

Deed of submission

      I ………………., the owner of the parcel of land called ……………… situated at …………………… Seychelles, hereby undertake to submit

 

The question of the disputed beacon and/or boundary common to the land called ……………. to the decision of an arbitrator or arbitrators to be appointed by a Judge in Chambers under the provisions of section 13(6) or 14(6) of the Land Survey Act, and to accept his or their award in regard to such beacon and/or boundary, and to the costs of or incidental to such arbitration as final and conclusive.

 

Signed ……………………….

               In the presence of 1 Witness  ………………………………………

               In the presence of 2 Witness  ………………………………………

(2)        Upon receipt of deeds of submission from every owner affected by an objection, a Judge in Chambers shall appoint an arbitrator or arbitrators to determine the matter in dispute, but shall, unless he deems it otherwise desirable, appoint one arbitrator only.  If, however, half or more than half of the persons affected by the objection demand that more than one arbitrator shall be appointed he shall appoint three arbitrators.  In the event of three arbitrators being appointed, the decision of any two of them shall determine all questions under submission.

(3)        Before any arbitrator enters on a reference under the Act he shall make and subscribe to the following declaration before the Registrar of the Supreme Court:-

“I ………………… do solemnly and sincerely declare that I will faithfully and honestly, and to the best of my skill and ability, hear and determine the matter referred to me under the Land Survey Act.”

(4)        The appointment of an arbitrator shall not be revoked without the consent of all parties affected by the objection, nor shall be death of any such party act as a revocation of an appointment.

(5)        If an arbitrator dies or becomes incapable of acting before making his award, a Judge in Chambers may appoint another arbitrator in his place.  Every arbitrator so appointed shall have the same powers and authorities as were vested in the arbitrator in whose place the appointment is made.

(6)        An arbitrator acting under a submission shall have the power to summon and hear witnesses, to administer oaths or take affirmations, to call for the production of papers and documents, and to enter upon and inspect any land for the purpose of determining the matter in dispute.

(7)        The issue of a subpoena or summons on a witness to compel his attendance, and the production of documents before an arbitrator may be procured by such arbitrator or by any party to a submission, in the same way and subject to the same conditions as if the matter were an action pending in the Supreme Court.

(8)        The parties affected by an objection shall submit to be examined by the arbitrator or arbitrators upon oath or affirmation in relation to the question in dispute and to all matters appertaining thereto, and shall produce before the arbitrator or arbitrators all documents within their possession or power respectively which he or they may call for or require, and shall do all other things which during the arbitration the arbitrator or arbitrators may require in connection therewith.  Any party affected by an objection shall have the right to be represented by counsel or attorney.

(9)        As far as practicable, written notes shall be taken of the oral evidence of witnesses by the arbitrator or arbitrators before whom it is given, and such notes shall be submitted to the Registrar of the Supreme Court, together with the award, for purpose of record.

(10)      The arbitrator or arbitrators may proceed ex parte in case any party to a dispute or any person affected by an objection, after reasonable notice has been given to him, shall neglect or refuse to attend on a reference.

(11)      In every award the arbitrator or arbitrators shall direct by whom the cost of and consequent upon the arbitration, or any part thereof, shall be paid, and may decide upon or tax the amount of the cost or part thereof to be so paid except the fees payable to the arbitrator or arbitrators.  The fees to be paid to an arbitrator shall be determined by the Judge in Chambers prior to the appointment of such arbitrator.

(12)      In deciding what are the true and correct beacons or boundaries common to two contiguous parcels of land an arbitrator shall take into consideration the particular circumstances of each particular case but shall generally be guided by the following principles:-

(a)     The original beacons of a parcel of land as erected or adopted at the original survey thereof, if any, shall be deemed to define the true boundaries of such land notwithstanding that such beacons may not correspond with the original diagram or may not include the extent of land which the title deed of such land purports to convey.

(b)     When well ascertained beacons have, for an uninterrupted period of not less than 20 years been recognized by the parties to the dispute or predecessors in title as the true and correct beacons, such beacons shall be taken to be the original beacons:

Provided that no land which is clearly not included nor intended to be included in the title deed of a parcel of land may be included in a new diagram of that parcel of land, notwithstanding that it may have been used or occupied for the period of prescription by the owner of such parcel of land or his predecessors in title to the exclusion of others.

53.    Whenever an owner or occupier of land alleges that he is entitled to compensation in terms of paragraph (ii) of the proviso to section 29(1)(g) of the Act, such compensation shall be determined and paid in accordance with the following provisions:-

(a)     The land surveyor and the owner or occupier of the land shall agree upon a fair compensation for the damage done by the land surveyor, and a statement of damage done and of the compensation which is agreed upon shall be duly signed by both the owner or occupier of the land and the land surveyor.

(b)     Where the land surveyor and the owner or occupier of the land are unable to agree upon the amount of compensation payable, the land surveyor shall apply to the Public Works Manager or the Principal Secretary responsible for Agriculture to inspect the damage done to buildings or to trees or crops, as the case may be, and to assess the amount of compensation which shall be paid.  If the owner or occupier of the land thereupon agrees with the amount of compensation proposed, then a statement of damage done and of the compensation which is agreed upon shall be duly signed by both the owner or occupier of the land and the land surveyor.

(c)     Where the owner or occupier of the land and the land surveyor do not agree either that such owner or occupier is entitled to compensation or that the compensation offered to be paid by the land surveyor is adequate, the claim for compensation shall be determined summarily by a Judge in Chambers.

PART VIII

Fees and taxation

         54.       The fees or charges to be paid in respect of any diagram, plan or document issued by or any act or matter required or permitted to be performed or dealt with in the office of the Director shall be as set out in Schedule A.

55.    The charge for services performed by a land surveyor shall be in accordance with the tariff of fees prescribed in Schedule B;

Provided that increased charges may be made by written agreement between the owner and the surveyor.

56.    The bill of costs of a land surveyor shall be taxed in case of dispute by the Board, subject to a right of appeal to a Judge in Chambers.

PART IX

Miscellaneous

57.    For the purpose of the second proviso to paragraph (a) of section 18 of the Act, a beacon shall be deemed to have a bearing on a parcel of land represented on a diagram based upon a division survey when it defines a terminal point of a straight boundary line which is common to such parcel of land and to he land under division.

58.    A survey of State land or a survey of any land on behalf of the Government shall not be undertaken except under the instructions and with the authority of the Director.

59.    Upon applying to the Director under the provisions of subsection (1) of section 16 of the Act for the approval of a new diagram of any land, the owner of such land shall forward or produce the existing diagram thereof to the Director for cancellation, or, if this has been lost or destroyed, shall forward, or produce in lieu thereof, a written statement to that effect.

60.    Any diagram, plan, report or other document required by the Director in terms of these regulations shall be deemed to be an essential part of a survey, and the cost thereof shall form a part of the cost of such survey.

61.    When a land surveyor has replaced a lost beacon he shall report forthwith the circumstances to the Director, and shall submit to that officer for examination and for permanent filing the survey records relative to such replacement.

62.    Should a plan or sketch, of which the return is desired, be submitted to the Director in illustration of a letter or report, it shall be in duplicate.

63     (1)        An agreement as to beacons and boundaries shall be, as far as practicable, in the form in Schedule C.

(2)        Notices served by a land surveyor in accordance with section 14(2) on owners and contiguous owners shall as far as practicable, be in the form set out in Schedule D, and consent in writing to beacons and boundaries shall so far as practicable be in the form set out in Schedule E.

64     (1)        The oath to be taken by the Director and every land surveyor shall be taken and subscribed before the Minister and shall be in the following form-

I …………………….., do swear that I will discharge the duties of a land surveyor carefully and without partiality, fear, favour or affection and will conform to all laws defining these duties.  So help me God!

               (2)     A person may, instead of taking the prescribed oath, make a solemn affirmation in the form of oaths prescribed in paragraph (1) of this regulation.  In such a case the words “So help me God” shall be the omitted and the words “solemnly, sincerely and truly declare and affirm” shall be substituted for the word “swear”.

65.    A land surveyor may issue certified copies of his working plan, field-book or calculations relative to any survey carried out by him.  He may not issue certified copies of diagrams approved by the Director under the Act notwithstanding that he may have carried out the survey upon which the diagrams are based:

Provided that this prohibition shall not extend to plans or memoranda or survey made under any enactment prior to the Act.

66.    The Director shall generally exercise such powers and perform such duties as are conferred or imposed upon him by the Act and these regulations and without prejudice to the generality of the foregoing provision he shall, subject to the Act and these regulations-

(a)     supervise and control the survey and charting of land within Seychelles;

(b)     take charge of and preserve all records appertaining to surveys of land which were prior to the commencement of the Act in the custody of his predecessors or in the custody of the Registrar of Deeds;

(c)     examine all survey records and diagrams and approve such diagrams if he is satisfied that such surveys have been carried out in such a manner as to ensure accurate results and that such diagrams have been prepared and the boundaries of the land surveyed have been defined in accordance with the Act and these regulations;

(d)     on the diagram of an parcel of land defined the geometrical figure of any portion of such land which has been surveyed, and deduct the numerical extent of such portion on the reverse of the diagram;

(e)     cancel any diagram in accordance with the provisions of sections 16 and 18 of the Act;

(f)     assign to each parcel of land surveyed under the Act for which a diagram has been prepared, a distinctive number which number shall thereafter be used in all references to the parcel.  Primary sub-divisions of the parcel shall be called “Portion ……………. of Parcel No………….....”.  Secondary and subsequent sub-divisions shall be allocated the next consecutive portion number in the parcel and shall show, in brackets, after the number of the portion, the immediate parent of that portion;

(g)     issue technical circulars;

(h)     where he considers that any survey has been carried out by unsound or unacceptable survey techniques or methods in his discretion, refuse to approve any such survey.

   67.    In the case of surveys carried out by the Director, the functions of the Director under subsection (5 of section 13 of the Act shall be performed by the Public Works Manager or by a Government surveyor or if there are no Government surveyors or no Government surveyor is able to act, such functions shall be performed by a land surveyor designated by the Minister.

68.    The provisions of these regulations shall apply to the Director and to all Government surveyors when these officers act as land surveyors.

69.    Notwithstanding anything to the contrary contained in these regulations, the Director, in his discretion, in the case of any particular survey, may, by notice in writing to the surveyor carrying out such survey direct that the standards of accuracy prescribed in these regulations be relaxed in such manner, to such an extent and subject to such conditions as he shall specify in such notice.

70     (1)        Where a notice is required to be served under the Act or these Regulations, such service may be effected by personal delivery or by registered post at the last known address of the person to be served either in Seychelles or overseas.

(2)        Service by personal delivery shall be authenticated by the addressee signing a copy of the notice of affixing his mark thereto before a witness who shall sign the copy of the notice and attest that the mark was affixed in his presence.

(3)        Service by registered post shall be proved by the certificate of posting.

71.    Where a party is required under the Act or these Regulations to give or indicate his consent, agreement or acceptance in writing, it shall be sufficient if such party signs a document giving or indicating such consent, agreement or acceptance or if such party is unable to sign from physical disability or otherwise, he shall affix a mark to such document in the presence of two witnesses who shall identify the party, attest that the mark was affixed in their presence and sign the document.  In any other cases consent, agreement or acceptance may be given by notarial deed.

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*SCHEDULE

reg. 54)

1.   For the examination of survey records per survey:

      (a)     of 1000 square meters or less, for each parcel:                     R. 200.00

 

      (b)     of more than 1,000 square meters

               and up to 4,000 square meters, for each parcel:                   R. 300.00

 

      (c)     of more than 4,000 square meters

               and up to 20,000 square meters, for

               each parcel:                                                                          R. 500.00

 

      (d)     of more than 20,000 square meters,

               and up to 40,000 square metres.

               for each parcel:                                                         R. 800.00

____________________________________________________________________________

*Note S.I 95 of 2008 repealed the entire schedule A and replaced it with the above schedule causing an anomaly in that there is a schedule B that follows the Schedule.   Secondly S.I 95 of 2008 attempted to make certain amendments to regulations 4,5,6,7 and 8 which amendments are senseless and therefore those amendments have not been made in this updated copy of the Regulations.

 

 

                                                            SCHEDULE B                         (Regulation 55)

FEES

1.   Survey-

For the survey (other than a survey referred to in paragraphs 2, 3 and 5) of a parcel including boundary adjudication in respect thereof-

               (a)     involving the fixing of not more

                        than 4 beacons                                                 R4500.00

               (b)     involving the fixing of more than 4 beacons-

                        (i)      for the first 4 beacons                             R4500.00

                        (ii)     for each additional beacon                                 R  450.00

2.   Subdivision Survey-

      (a)     For the preparation of planning

               application for subdivision, for each plot                 R  300.00

      (b)     For survey work-

               (i)      involving the fixing of not more

                        than 2 beacons                                                 R2400.00

               (ii)     involving the fixing of more

                        than 2 beacons-

                        A      for the first 2 beacons                             R2400.00

                        B       for each additional beacon                                 R  450.00

3.   Compilations Survey-

      For the compilation of a rectilinear parcel-

      (a)     of not more than 4000 sq. metres                             R1800.00

      (b)     of more than 4,000 sq. metres         

               (i)      for the first 4,000 square metres                                  R1200.00

               (ii)     for each additional

                        6,000 square metres or part thereof                 R  600.00

4.   For tachyometric work, in respect of a

      parcel for each 25 metres or part thereof                           R  300.00

5.   Topographical, Engineering and Detail Surveys

      The fee shall be the fee agreed between the client

      and the surveyor.

6.   Relocation of Beacons-

      (a)     For relocating or replacing a beacon                                     R1200.00

      (b)     For relocating or replacing each

               additional beacon                                                     R  300.00

7.   Location Plan-

      (a)     For the preparation of up to 5 copies

               of a location plan                                                      R  150.00

      (b)     For the preparation of additional copy

               of location plan in excess of 5 copies,

               for each copy                                                                       R   30.00

8.   Cost of Travelling etc-

In addition to the fees specified in paragraphs 1 to 6, reasonable cost of traveling and, when working away from Mahe, reasonable cost of lodging and subsistence.

 

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                                                            SCHEDULE C                               (Regulation 63)

AGREEMENT AS TO BEACONS AND BOUNDARIES

 

We, the undersigned (a)

1    ………………………………. Owner of    …………………………….

2    ………………………………. Owner of    …………………………….

3    ………………………………. Owner of    …………………………….

4    ………………………………. Owner of    …………………………….

and ……………………………… owner of the parcel of land under survey called ………………………. declare that we have inspected the beacons and boundaries common to our said parcels as adopted in the survey of the lat named parcel of land by Land Surveyor ………………………………………………….…………………………….

      And we declare that we agree and consent to the positions indicated on the figure on the opposite page of the beacons and boundaries specified below and consent to a diagram being framed in accordance therewith.

 

Date ……………………………

 

Signature or mark        Beacons & Boundaries                        Witnesses to

      (b) & (c)             Accepted and signed for                         mark(d)

 

1 …………………..  ………………………….             1…………………

                                                                                    2…………………

2 …………………..  ………………………….             1…………………

                                                                                    2…………………

3 …………………..  ………………………….             1…………………

                                                                                    2…………………

4 …………………..  ………………………….             1…………………

                                                                                    2…………………

 

(e)          We, the abovesigned witnesses, declare that the mark appearing opposite our signature was affixed n our presence by the person whom we have identified before attesting his mark.

 

                                                            Signed ……………………………..

                                                                        ……………………………..

                                                                        ……………………………..

                                                                        ……………………………..

Signature of Land Surveyor     …………………………………………..

Date        ………………………………

 

NOTES

 

1.   (a)     The name of each owner should be entered on a separate line in block capitals.

(b)     Only one signature to be written opposite each number, which must correlate with the number previously used.

(c)     An agent or proxy must produce the original power of attorney or a certified copy thereof.  The original power of attorney or the certified copy thereof will be returned after being noted hereon by the Director.

(d)     Two witnesses are required to each mark.  Witnesses must also sign the declaration (e).

2.   The page containing the figure referred to in the agreement is to be headed-

“Figure representing land survey and common beacons and boundaries of contiguous properties.”

      This page must be signed by the land surveyor performing the survey and the beacons and boundaries must be designated on the figure so as to correspond with the beacons and boundaries referred to in the agreement.  Description of the beacons as agreed to must be given.  No data regarding the positions of the beacons need be given but the figure must be plotted to scale which scale must be stated.

 

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                                                            SCHEDULE D                         (regulation 63)

OBJECTIONS TO BEACONS AND BOUNDARIES

 

      I ……………………………………….. Land Surveyor, appointed by ……………………….. to survey/subdivide his/her/their property at ……………….. hereby inform you that the survey has been completed and lodged in the office of the Director.  The parcel number(s) is/are …………………….  If you have any objections to the beacons and boundaries established in connexion with the survey of the above numbered parcels of land, you should lodge your objections at the Registry of the Supreme Court within two months of date of this notice.

 

      If you so wish, you may agree to the above said beacons and boundaries by writing to the Director.

      Any person failing to lodge his objection within the prescribed period will be deemed to have agreed to the said beacons and boundaries.  Your attention is drawn to section 14 of the Land Survey Act.

 

               SIGNATURE OF LAND SURVEYOR         …………………..

               DATE        …………………………

 

______________________

                                                            SCHEDULE E                         (regulation 63)

CONSENT TO BEACONS AND BOUNDARIES

 

                                 Name:     …………………………………………….

                                 Address:…………………………………………….

                                 Date:       …………………………………………….

 

Director

 

      In accordance with section 14(4) of the Land Survey Act, I/we* the undersigned, hereby record my/our* consent to the beacons and boundaries of Parcel(s) No(s) ………………………… or boundaries line(s) Folio No(s) ………………………….

 

                        Signature(s)      ………………………………

                                                ………………………………

                                                ………………………………

                                                ………………………………

                                                ………………………………

 

To:Director

*Delete as appropriate.__________________