LAND SURVEY ACT (as amended at March 2004)
(3) The Surveyor-General shall not approve the survey
records or diagrams relating to the consolidation of any land
unless—
(a) the diagram complies with the consolidation permit
concerned, if any; and
(b) the period during which an appeal in connection with
the consolidation permit concerned, if any, could have
been lodged in terms of section 45 of the Planning Act
has expired or, if an appeal has been so lodged, the
appeal has been finally determined.
relating to the registration of deeds to procure the endorsement or rectification of his title deed.
46 Cancellation or amendment of approved diagram
or general diagram
(1) An approved diagram may, on the application of the
owner of the land represented thereon, be cancelled or
amended by the Surveyor-General before it is registered in
the Deeds Registry.
(2) Subject to section forty-seven, a general plan or portion thereof representing unregistered portions of land may,
on the application of the owner of the whole or remaining
extent of the land represented thereon, be cancelled or
amended by the Surveyor-General:
Provided that—
(i) where the whole of the area proposed to be cancelled
is a public place and proof of closure thereof in accordance with the provisions of any enactment is produced to the Surveyor-General, it shall not be
necessary to comply with the provisions of section forty-seven;
(ii) in the case of State land, the application shall,
notwithstanding section four, be made by the Secretary to the Ministry responsible for the administration
of such land.
(3) Where the Surveyor-General has, in accordance with
this section, cancelled or amended an approved diagram or a
general plan or portion of a general plan, he shall notify the
local planning authority in writing of such cancellation or
amendment.
43 Approval of diagrams for consolidated title
(1) For the purpose of consolidating two or more pieces of
land the Surveyor-General may approve a diagram which has
been compiled by a land surveyor from two or more diagrams representing the land concerned:
Provided that, unless the Surveyor-General directs to the
contrary, no re-survey shall be necessary in respect of such
diagram.
(2) Upon the approval of a consolidated title diagram, the
Surveyor-General shall notify the Registrar of Deeds and the
local planning authority of his approval.
(3) Upon being notified by the Surveyor-General in terms
of subsection (2) the Registrar of Deeds shall delete from the
relevant title deed any condition which conflicts with the
provisions of the consolidation permit, if any, forwarded to
him by the local planning authority.
(4) The several diagrams forming the component parts of
a consolidated title diagram shall, upon the issue of the
certificate of consolidated title, be transmitted by the
Registrar of Deeds to the Surveyor-General for endorsement.
47 Cancellation or amendment of general plan of
township
(1) A person (hereinafter called the applicant) who intends to make an application referred to in section forty-six
for the cancellation or amendment of the general plan or
portion thereof of a township shall—
(a) cause a notice in a form approved by the SurveyorGeneral containing particulars of the proposed cancellation or amendment to be published once in each of
two consecutive weeks in a newspaper circulating in
the district in which the township is situated and in an
issue of a statutory instrument, calling for objections
to the proposed cancellation or amendment to be
lodged with the Surveyor-General within twenty-one
days of the final publication of the notice; and
(b) cause a copy of the notice referred to in paragraph (a)
to be served on the owners and registered lessees of all
land abutting on the area to be cancelled or amended;
and
(c) where any public place is concerned, obtain the
consent of the local authority, if any, within whose area the public place is situated to the proposed cancellation or amendment; and
(d) obtain the consent of the Minister in terms of subsection (3), subject to subsection (4) or (5), to the proposed cancellation or amendment.
(2) An objection referred to in paragraph (a) of subsection
(1) shall—
(a) be in writing;
(b) state the grounds of objection;
(c) state the name and address of the objector.
(3) Where an application in accordance with this section
is made to the Minister for his consent to the cancellation or
amendment of the general plan or portion thereof of a
township, the Minister, after consultation with the Minister
responsible for local government and consideration of all
44 Registrar and owner to be informed of incorrect
diagram
If the Surveyor-General is satisfied that the diagram of any
piece of land entirely fails to represent such land, or misrepresents it to such an extent that damage or loss might result
to any person who is or may become interested therein, he
may give notice of such fact to the Registrar and to the owner
of such piece of land, and thereafter no further registration of
such piece of land or of any portion thereof or undivided
share therein shall be effected in the Deeds Registry until a
new diagram thereof has been approved and the owner has
taken such steps as may be necessary, in accordance with the
law relating to the registration of deeds, to procure the
endorsement or rectification of his title deed:
Provided that if the Surveyor-General is unaware of the
address of the owner of such piece of land, a publication of
such notice in one issue of a statutory instrument and once
every week during two consecutive weeks in a newspaper
circulating in the district within which such piece of land is
situate shall be deemed to be sufficient notice to such owner
for the purpose of this section.
45 Correction of general plan or diagram
A general plan or diagram may be amended by the Surveyor-General to correct an error in the numerical data,
figure or wording thereon:
Provided that where such correction alters the extent of the
land represented by any diagram registered in the Deeds
Registry, the Surveyor-General shall give notice of such
correction to the Registrar and to the owner of such land and
thereafter no further registration affecting such piece of land
or any portion thereof or undivided share therein shall be
effected in the Deeds Registry until the owner has taken such
steps as may be necessary in accordance with the law
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