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Land Survey Act, 1997 (Act No. 8 of 1997)

24. Replacing existing diagram by new diagram after resurvey

 

(1) Whenever it is alleged by the owner, or whenever it appears from a resurvey, that the diagram of any land registered in a deeds registry (in this section referred to as the "existing diagram") does not correctly represent any beacon, boundary or the area of that land, the Surveyor-General may approve a new diagram prepared in accordance with a resurvey of that land.

 

(2) Section 29 shall with the necessary changes apply in regard to any resurvey, but it shall not be necessary to comply therewith in respect of any beacon or boundary if—
(a) the numerical data relating to that beacon or boundary, as derived from the resurvey, do not differ beyond the prescribed limits from the corresponding data recorded on the existing diagram and upon which any registration has been based, and the Surveyor-General is satisfied that the resurvey has not been less accurately performed than the previous survey and that the position of the beacon or boundary adopted in both surveys is substantially the same; or
(b) notwithstanding any difference beyond the prescribed limits, documentary evidence is produced which is sufficient to prove that the position of the beacon or boundary is correct:

Provided that nothing contained in this subsection shall be construed as preventing an owner from complying with section 29 in respect of any beacon or boundary which he or she may wish to have lawfully established in terms of section 35.

 

(3) Upon approving the new diagram the Surveyor-General shall endorse the existing diagram as having been replaced by the new diagram and shall inform the Registrar, and thereafter no registration of the land represented by the new diagram, or of any portion thereof or of any share therein, shall be effected in a deeds registry until an endorsement has been made on the relevant title deed in accordance with the Deeds Registries Act, 1937 (Act No. 47 of 1937).

 

(4) If it appears from the resurvey that an existing diagram is correct, the Surveyor-General shall endorse thereon a certificate that the land represented by that diagram has been resurveyed and that the existing diagram has been found to be correct, and thereupon the beacons and boundaries of that piece of land shall be deemed to have been lawfully established in accordance with section 35.

 

(5) This section shall also apply to adjoining land represented on two or more existing diagrams and resurveyed for the purpose of obtaining a certificate of consolidated title to that land.