Land Survey Act, 1997 (Act No. 8 of 1997)18. Original survey of land to which title has been issued |
| (1) | Any land surveyor carrying out a survey of any piece of land to which a title deed has been issued but of which a diagram has not previously been registered, shall lodge with the Surveyor-General for examination and filing of record in the Surveyor-General’s office the prescribed diagram and survey records and shall cause the beacons and boundaries to be accepted by agreement as contemplated in section 29. |
| (2) | Subject to subsection (4), when the Surveyor-General is satisfied as to the correctness of the diagram and the survey records and the agreement to beacons and boundaries he or she shall approve the diagram. |
| (3) | Upon approving the diagram the Surveyor-General shall inform the Registrar of the approval and thereafter no registration of a deed of transfer of the land represented by that diagram, or of any portion thereof or share therein, shall be effected in a deeds registry until an endorsement has been made on the title deed of that land in terms of the applicable provisions of the Deeds Registries Act, 1937 (Act No. 47 of 1937). |
| (4) | The Surveyor-General may, unless otherwise directed by a court order, refuse to approve a diagram of any piece of land referred to in subsection (1) if he or she has reasonable grounds for believing that any area not owned by the owner of that piece of land has been included within the boundaries thereof as defined in that diagram or that payment of any rates or taxes has been or will be evaded by any registration in a deeds registry based upon that diagram. |