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

41. Maintenance and re-erection of beacons

 

(1) Every owner of land shall maintain in proper order and repair in accordance with the regulations any beacon defining a corner point of that land, whether the beacon was erected for the purpose of or in connection with a survey or resurvey of that land in terms of this Act or any repealed law, or for the purpose of or in connection with the survey or resurvey of any land contiguous thereto.

 

(2) Any person who, for the purpose of carrying out any work which he or she may lawfully perform, desires to remove or disturb any beacon erected in connection with the survey of land, shall appoint a land surveyor personally to effect or supervise the removal or disturbance and subsequent replacement of that beacon in accordance with the regulations.

 

(3) If any beacon as contemplated in subsection (1) has not been maintained properly or has been removed or obliterated, the Surveyor-General may serve a notice as prescribed upon the owner of every piece of land of which that beacon forms a corner, calling upon the owner to restore the beacon to the prescribed condition or to re-erect it in the prescribed manner, as the case may be: Provided that the re-erection of any such removed or obliterated beacon shall be carried out by a land surveyor: Provided further that this subsection shall not apply to beacons which were moved prior to the commencement of the Land Survey Act, 1927 (Act No. 9 of 1927).

 

(4) If any beacon is not restored or re-erected within six weeks of the date upon which any notice referred to in subsection (3) was so served, the Surveyor-General may cause that beacon to be so restored or re-erected by a land surveyor, but the Surveyor-General may, at the request of an owner, extend the period of six weeks.

 

(5) The owners of all pieces of land referred to in subsection (3) shall be liable in equal shares for the costs of the restoration or re-erection of the beacon and the Surveyor-General may recover a share from every owner of all costs incurred under subsection (4): Provided that if any owner or the employee or agent of that owner damaged, removed or obliterated the beacon the entire cost of the restoration or re-erection of the beacon shall be borne by that owner.

 

(6) If the Surveyor-General, having served a notice under subsection (3) on the owner of land, is satisfied that any person who acquires an interest in that land may suffer damage or loss as a result of the removal or disturbance of a beacon, he or she shall convey that fact to the Registrar and to the owner of that land, and thereafter no further registration of that land or of any portion thereof or a share therein shall be effected in a deeds registry until the Surveyor-General has notified the Registrar that the beacon has been restored or re-erected by a land surveyor.