The notice of surveyor Part 2
Good day readers. Your response to the publication last week was tremendous, and we will continue to look at the notice of survey.
The surveyor's notice will instruct the receiver, who is a person deemed to have an interest in any of the adjoining properties with the subject property to be surveyed, as to the date of the survey and the time he or she expects to start the actual survey and where he or she will begin.
The notice gives you the opportunity to prepare yourself with any documents that may be used in the adjudication of the common boundary between your property and the property being surveyed.
It also gives you the opportunity to make the necessary arrangements to be there in person, or by representation, on the day of the survey to protect your interests and the integrity of your boundary and assist the commissioned land surveyor in his adjudication of the boundaries.
So, I advise that when you have been served with a notice of survey, you should put together any title diagram or papers relating to your property and present them on the day of the survey to the commissioned land surveyor as this will greatly assist him or her and secure your interest.
It also gives you the opportunity to lodge a reasonable objection to the survey. The objection has to be done in the prescribed form stating the reason for the objection.
It must be noted that in lieu of a notice of survey being served on you, the surveyor may conduct a survey having not served a notice using what is known as a waiver of notice. This, as the name suggests, is a form you fill out and sign waiving your right to a notice and essentially giving the land surveyor approval to conduct a boundary survey having not served you with a notice.
I must sate that not all surveys conducted by a land surveyor require the serving of a notice of survey. The notice is served where any boundary survey is being done where your boundaries may be affected.
Essentially, the notice is served in any cadastral (boundary) survey or in boundary reopening. Please note, however, when it is a land surveyor's identification report, topographic survey or any other form of engineering survey, a notice of survey is not required to be served.
Keep sending your questions and comments and let's continue to explore A Matter of Land, until next time traverse well.
- Craig Francis is a commissioned land surveyor and managing director of Precision Surveying Services Ltd. He can be contacted for questions or queries at firstname.lastname@example.org or his Facebook page Precision Surveying Services