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

30. Rules for arbitrators

 

In deciding which are the correct beacons or boundaries common to two or more contiguous pieces of land an arbitrator appointed under this Act shall take into consideration the particular circumstances of each specific case, but shall generally be guided by the following principles, namely—

(a) that the original beacons of a piece of land, as erected or adopted at the original survey thereof (if surveyed) shall be deemed to define the true boundaries of that land as granted or transferred, notwithstanding that those beacons do not correspond to the original diagram or general plan or may not include the extent of land which the title deed of that piece of land purports to convey;
(b) that if well-ascertained beacons have, for an uninterrupted period of not less than 30 years, been recognised by the parties to the dispute or their predecessors in title as the correct beacons, those beacons shall be taken to be the original beacons: Provided that land which is clearly not included, nor intended to be included, in the title deed of a piece of land may not be included in a new diagram of that piece of land, notwithstanding that it may have been used or occupied for the period of prescription by the owner of that piece of land or his or her predecessors in title to the exclusion of others;
(c) that, if any land included within the original beacons and boundaries of a grant of a piece of land has afterwards been included within the beacons and boundaries of a later grant of a piece of land, the rights to the overlap conferred by the older grant shall, subject to paragraph (b), prevail; and
(d) that, if any land has an imaginary curvilinear boundary at a stated distance from an ambulatory physical feature, that boundary shall not be subject to any positional change after registration of that land has taken place.