LAND SURVEY ACT (as amended at March 2004) connection therewith, or with the survey upon which it is based, and that it shall not be approved unless those provisions have been complied with. (2) A land surveyor performing the re-survey of such land for the purpose of preparing such new diagram shall, in addition to the other documents required by section eighteen to be delivered or transmitted to the Surveyor-General, deliver or transmit to him for the purpose of being filed of record in the Surveyor-General’s office a report with an explanatory plan, clearly setting forth the degree or particulars in which such re-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 useful or the Surveyor-General may require. (3) Upon approval of such new diagram by the SurveyorGeneral, the owner of the land shall take such steps as may be necessary, in accordance with the law relating to the registration of deeds, to procure either the endorsement or the rectification of the existing title deed thereof, as the Surveyor-General may direct. (4) The Surveyor-General shall furnish the Registrar with a description of the land in respect of which an endorsement or rectification of the existing title deed is required in terms of subsection (3), and thereafter no registration of such land or any portion thereof or undivided share therein shall be effected in the Deeds Registry until such endorsement or rectification has been made. (5) If it appears from such re-survey that an existing diagram is correct, the Surveyor-General shall endorse thereon a certificate that the land represented thereby has been re-surveyed and that the existing diagram has been found to be correct, and thereupon the beacons and boundaries of such piece of land shall be deemed to have been lawfully established in accordance with section thirty-three: Provided that section eighteen shall apply, mutatis mutandis, in the same manner as if such re-survey were a survey and as if such endorsement were an approval of a diagram for the purposes of that section, and that such endorsement shall not be made unless those provisions have been complied with. (4) Any such person may, if he was in Zimbabwe upon the date when such notice was served upon him, within one month, and if he was not in Zimbabwe, within three months, after such date, institute an action in the Court to determine such dispute or, if the State is one of the parties to such dispute, proceed to arbitration in respect thereof under the law relating to the settlement of disputes by arbitration; and if none of such persons institutes any such action or arbitration proceedings within such periods, the Surveyor-General may appoint an arbitrator to determine such dispute, and the award of such arbitrator in regard to such dispute and in regard to all costs thereof or incidental thereto shall be final. (5) The costs of and incidental to any re-survey ordered under this section shall in the first instance be defrayed from moneys appropriated for the purpose by Act of Parliament and the Minister may thereafter recover those costs in such manner as may be prescribed by regulation from each owner of any such piece of land in accordance with a schedule framed by the Surveyor-General, apportioning such costs among all such owners. (6) Upon payment by the owner of any such piece of land of all costs due by him in respect of a re-survey ordered under this section, the Surveyor-General shall cancel the existing diagram of such piece of land and shall issue to him a new diagram in place thereof. (7) The Surveyor-General shall not approve a general plan representing such pieces of land based upon a re-survey under this section until a copy thereof has been available for inspection during a period of six weeks at his office and at the office of the district administrator of the district within which such land is situate, and until he has published, in two consecutive issues of a statutory instrument and once every week during two consecutive weeks in a newspaper circulating in such district, a notice stating his intention to approve such general plan and calling upon persons interested who object to such approval to lodge such objection with the Surveyor-General: Provided that the Surveyor-General may approve any such general plan without publishing such notice, if every owner of any land affected by such re-survey has agreed in writing to such general plan or to the beacons and boundaries adopted in such re-survey, or if such general plan is in accordance with a judgment or award under subsection (4) in an action or arbitration proceedings to which every such owner was a party. (8) If within four weeks from the date of the last publication of such notice no such objection has been so lodged by any person other than a person who was a party to an action or arbitration proceedings under subsection (4), the Surveyor-General may approve such general plan and, after such approval, he shall, by notice in a statutory instrument, declare that such general plan has been approved. (9) If within such period of four weeks any such objection has been so lodged, subsections (7) and (8) of section eighteen and the proviso to subsection (3) of section thirtyone shall apply, mutatis mutandis. 24 Re-survey of block of land other than township (1) Whenever— (a) the owners of not less than one-half of a section or block of land, other than land referred to in Part VI, consisting of more than one registered piece of land apply to the Minister for a re-survey of such section or block; and (b) the Surveyor-General reports that the boundaries of the several pieces of land constituting such section or block are confused and need re-adjustment; the Minister may order that such section or block be resurveyed under the direction of the Surveyor-General. (2) No beacons or boundaries which have become lawfully established in accordance with the provisions of section thirty-three shall be affected by any re-survey or any other act performed under this section. (3) Whenever in the course of a re-survey ordered under this section a dispute arises as to the boundaries of any such pieces of land, the Surveyor-General may give notice in writing to every person who is a party to such dispute that he proposes to appoint an arbitrator for the purpose of determining such dispute. The provisions of subsection (5) of section eighteen shall apply, mutatis mutandis, in regard to such notice. PART V DIVISION SURVEYS 25 Subdivision of land (1) Where any land is to be subdivided to effect separate registration of one or more portions of that land in the Deeds Registry, and the land is— (a) unalienated State land or land which has been alienated and has been or is to be re-acquired by the 9

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