LAND SURVEY ACT (as amended at March 2004)
State, the Minister responsible for the administration
of such land shall forward to the Surveyor-General
two copies of the relevant subdivision plan, and the
Surveyor-General shall instruct a land surveyor to undertake the survey;
(b) owned by and falls within the jurisdiction of an
authority which is a local planning authority for the
purposes of Part V of the Planning Act, the local
planning authority shall forward a copy of the relevant
subdivision plan to the Surveyor-General and the Registrar of Deeds and shall instruct a land surveyor to
undertake the survey;
(c) land which is not referred to in paragraph (a) or (b),
the owner shall, after obtaining such subdivision permit as may be required in terms of section 40 of
the Planning Act, instruct a land surveyor to undertake the survey.
(2) Where a local planning authority has, in terms of
subsection (7) of section 40 of the Planning Act forwarded to
the Surveyor-General a copy of a subdivision permit for the
creation of more than one subdivision, the Surveyor-General
shall advise the person to whom the subdivision permit has
been granted and the Registrar of Deeds, in respect of the
whole of the land covered by the subdivision permit, his
requirement in relation to diagrams, the general plan or the
general plan and diagrams and, where appropriate, the
taking out by the owner of a certificate of title in terms of the
Deeds Registries Act [Chapter 20:05].
(3) Where the Surveyor-General has received a copy of a
subdivision plan in terms of paragraph (a) or (b) of subsection (1) he shall advise the land surveyor authorised to
undertake the survey, in respect of the whole of the land
covered by the subdivision plan his requirement in relation to
diagrams, the general plan or the general plan and diagrams.
diagrams relating to a subdivision plan, the Surveyor-General
shall notify the Registrar of Deeds and the local planning
authority of his approval.
(4) Upon being notified by the Surveyor-General in terms
of subsection (3), the Registrar of Deeds shall delete from the
relevant title deed any condition which conflicts with the
provisions of a subdivision permit forwarded to him by the
local planning authority.
(5) Where the Surveyor-General approves a diagram of
land that has been set aside for road or public purposes in
terms of section 41 of the Planning Act, he shall submit the
diagram to the Registrar of Deeds.
(6) Where land has been set aside for road purposes in
terms of a subdivision permit and—
(a) no diagram has been called for in terms of subsection
(2) of section twenty-five; and
(b) no certificate dispensing with a diagram has been
issued in terms of section forty-nine;
the Surveyor-General shall on all copies of the diagram of the
land of which the road is a part—
(i) cause the geometrical figure of the land so set aside to
be defined; and
(ii) make an endorsement to the effect that the ownership
of the land so set aside has vested in terms of section
41 of the Planning Act;
and notify the Registrar of Deeds in writing of his action.
(7) On receipt of a diagram referred to in subsection (5)
of land which has been set aside for road or public purposes
or on receipt of a certificate issued in terms of section fortynine in respect of such land, the Registrar of Deeds shall
issue to the appropriate authority, title, in a form approved
by him, in respect of such land.
(8) On receipt of notification in terms of subsection (6)
the Registrar of Deeds shall make an endorsement on the
relevant title deed to the effect that the ownership of the land
set aside for road purposes has vested in the appropriate
authority in terms of subsection (6).
(9) In this section—
“appropriate authority” has the meaning assigned to it in
subsection (8) of section 41 of the Planning Act.
26 Approval of survey records relating to
subdivision
(1) The Surveyor-General shall not approve the survey
records, diagrams or general plan relating to the subdivision
of any land unless—
(a) the documents in accordance with his requirements
referred to in subsection (2) or (3) of section twentyfive have been lodged; and
(b) he has compared the survey records submitted with
the subdivision plan and is satisfied that the subdivisions as surveyed do not differ materially with regard
to shape or area from those contemplated in the subdivision plan; and
(c) the period during which an appeal in connection with
any subdivision permit concerned could have been
lodged in terms of section 44 of the Planning Act has
expired or, if an appeal has been so lodged, the appeal
has been finally determined.
(2) Notwithstanding the provisions of subsection (1),
where the Surveyor-General has in terms of subsection (2) of
section twenty-five required the owner to take out a certificate of title in terms of the Deeds Registries Act [Chapter
20:05], the Surveyor-General shall first determine the
approval of the diagram of the whole of the land covered by
the subdivision permit concerned for annexure to the
certificate of title and then, after being satisfied that the
certificate of title has been registered, he shall next determine
the approval of the diagrams or the general plan or the
general plan and diagrams of the subdivisions concerned.
(3) Upon the approval of any survey records, including
any diagram or the general plan or the general plan and
27 Definition of geometrical figure and deduction of
numerical extent of subdivision
Upon separate registration being effected of any subdivision of a piece of land registered in the Deeds Registry, the
Surveyor-General shall define on a copy of the diagram of
the land so divided belonging to the owner of the remaining
extent, and on the copy of such diagram registered in the
Deeds Registry or on that filed in the office of the SurveyorGeneral, the geometrical figure representing such subdivision
and deduct its numerical extent:
Provided that in such cases as may be prescribed, such
definition and deduction may be made on a general plan
instead of on such diagram.
28 Rectification of errors ascertained by re-survey
or division
If on the re-survey of any land or the survey of land for the
purpose of division (in this section referred to as the resurvey) the numerical data derived from the re-survey are
found to differ from those numerical data on the diagram of
the land upon which any registration has been based, the
Surveyor-General shall—
(a) when the difference is beyond the prescribed limit of
error, approve a new diagram of the land in accordance with the re-survey as if the piece of land repre10