Land Survey Act, 1997 (Act No. 8 of 1997)RegulationsRegulations promulgated in terms of Section 10 of the Land Survey Act, 1997 (Act No. 8 of 1997)10. Alignment of existing beacons |
| (1) | In surveying a piece of land, of which any existing beacon is supposed to be on a straight line boundary common to such piece of land and other properties, a land surveyor shall, subject to the provisions of subregulation (6) hereof, proceed as follows: |
| (a) | When the terminals of the common boundary line are lawfully established beacons, or are well ascertained beacons recognised by all parties, the beacon if not on the straight line joining the terminals shall, subject to the provisions of subregulation (5) hereof, be replaced on line unless it is a lawfully established beacon, in which case it shall be adopted as a beacon of the land under survey; |
| (b) | When the terminals of the common boundary line are not lawfully established beacons, and the positions of one or both is doubtful, the beacon, if not on line, may be adopted provided it is a well ascertained beacon recognised by all parties and in respect of which an agreement substantially in accordance with the Form contained in Schedule 1 of the Act, signed by all parties concerned, is lodged with the Surveyor-General. |
[Regulation 10(1) substituted by section 4 of Notice No. 2249 of 2001]
| (2) | When any beacon of a piece of land adjoining that under survey, which is supposed to be on the common boundary referred to in subregulation (1) is found to be not on line, it need not be dealt with if— |
| (a) | it is a lawfully established beacon in which case it shall be adopted as a beacon of the land under survey; |
| (b) | it is a well ascertained beacon recognised by all parties and in respect of which an agreement substantially in accordance with the Form contained in Schedule 1 of the Act, signed by all parties concerned, is lodged with the Surveyor-General, in which case it may be adopted as a beacon of the land under survey. |
| (3) | In cases not provided for above, a land surveyor shall investigate the matter thoroughly and collect all available information and evidence to enable him or her to place the beacons in the most likely positions and agreement as above mentioned, to all such beacons, shall be lodged if deemed necessary by the Surveyor-General. Cognisance shall be taken of the beacons and boundaries of a township along the straight line boundary. A full report detailing all the evidence on which the land surveyor based his or her action shall be submitted with the relative survey records. |
| (4) | In correcting the alignment of a beacon as provided for in this regulation, such beacon shall, as a rule be placed at the intersection of the boundary line of which it forms a terminal, with the straight line on which it is supposed to be. |
| (5) | For the purpose of this regulation a beacon shall be deemed to be not on the true and correct boundary when its displacement exceeds |
with a maximum of 1,00 metre: Provided that a beacon need not be moved in order to correct its alignment when its displacement fails within the limit of
with a maximum of 1,00 metre, where "d" is the distance from such beacon to the nearest terminal or point justifiably adopted as a terminal in terms of this regulation: Provided further that, in cases where it is necessary to correct alignment, if the beacon is not replaced on line—
| (a) | it shall be used as an indicatory beacon for the unbeaconed point adopted as a corner of the land under survey; and |
| (b) | such data as may be necessary to define the position of such point in relation to such indicatory beacon, shall be recorded on any new diagram affected. |
| (6) | When a land surveyor is able to identify a beacon previously placed on line, and in respect of which the survey records have been approved and the Surveyor-General is satisfied that the alignment was correctly effected, such beacon need not be re-tested for alignment. |