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

35. Beacons and boundaries lawfully established
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(1)A beacon or boundary other than an ambulatory curvilinear boundary shall be deemed to be lawfully established when its position is—
(a)in agreement with the position adopted in any survey or resurvey performed in terms of this Act, provided that section 29 has, with the necessary changes, been complied with;
(b)in agreement with the position thereof adopted in a resurvey in terms of section 25 or 26, and when a general plan based on that resurvey has been approved;
(c)determined by way of arbitration;
(d)in agreement with an order of the court;
(e)in agreement with the position thereof adopted in a resurvey and when an amended title based on that resurvey was issued under the Land Beacons Amendment and Extension Act, 1879, of the Cape of Good Hope; or
(f)in agreement with the position of a beacon or boundary established and entitled to recognition at the commencement of this Act pursuant to any law or usage concerning the establishment or recognition of beacons and boundaries in force prior to that commencement, notwithstanding that that law may be repealed by this Act.

 

(2)The Surveyor-General or Registrar shall not accept for filing or registration any document which shows any beacon or boundary inconsistent with such lawfully established position.

 

(3)Nothing in this section contained shall be deemed to prevent the acquisition by prescription of any right to or interest in land.