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

Regulations

Regulations promulgated in terms of Section 10 of the Land Survey Act, 1997 (Act No. 8 of 1997)

8. Curvilinear boundaries

 

(1)

(a) When the centre line of a railway forms, or defines an existing boundary, the intersections of such line with the rectilinear boundaries, and when necessary, the ends of the straights shall be accurately determined;
(b) The position of a railway curve defining an existing boundary shall be accurately determined: Provided that, unless the elements of the curve are accurately determined, or the curve is determined by photogrammetric methods, points surveyed on such curve shall not be more than 30 metres apart;
(c) Notwithstanding the provisions of paragraph (b), it shall not be necessary to re-determine the radius and the centre of a circular curve which forms or defines an existing boundary, when such curve has previously been accurately determined.

 

(2) Fences, railway lines, roads, streams which are liable to change course or any regular curves, or natural or artificial features, which are not permanently or clearly defined, shall not be adopted as new boundaries.

 

(3) When a land surveyor is prevented from obtaining access to the middle of a river forming a boundary, he or she may determine its position by surveying the position of one of the banks and the widths at critical points.

 

(4) When a river boundary is described on the original diagram in ambiguous terms, but the land is depicted as extending to a bank, and when the ambiguity is not removed in terms of section 33 of the Act, the position of such bank shall be determined for the purpose of representing it on a new sub-divisional diagram.

 

(5) The Surveyor-General shall not permit a curvilinear boundary to be substituted by a boundary of another character in terms of paragraph (b) of subsection (6) of section 29 of the Act, unless he or she is satisfied that the two boundaries are so nearly co-incident that no material alteration in area of land has taken place by reason of the substitution. The survey records relating to a survey in terms of the aforesaid subsection of the Act shall include a plan showing complete details of the new boundary together with the relevant numerical data for inclusion in a new diagram that may be required to be framed on any property affected.

 

(6) Photogrammetric methods may be used for determining the position of any curvilinear boundary: Provided that the annotation of such boundary on an aerial photograph or orthophoto map shall be done in the field.