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