Sun | Aug 20, 2017

The land surveyor can go on any property in Jamaica ... THAT'S THE LAW

Published:Sunday | January 17, 2016 | 1:00 AM
Craig Francis

Good day, readers. I look forward to an interesting year. Please continue to read this column and send your questions.

I had the pleasure last week of meeting a gentleman who has collected every publication of "A Matter of Land" and placed them in his scrapbook for future reference.

This week, I would like to address a matter that is pertinent to almost all my colleagues with regards to having our work done in a timely fashion and without hindrances.

I recently had a survey to be done on a property and it so happened that the property to be surveyed adjoins a gated community. We served the notices on the adjoining owners for the work to be conducted on a particular day.

On the day scheduled for the survey, I needed access to the gated community but faced resistance from the security guards at the entrance.

I had to be firm in insisting that I be let in to conduct my work. I had to show them my government-issued identification and even then they insisted I would not be allowed in. I had to point out the provisions of the law and warned that I was prepared to call the police who would escort me on to the property as the law gives me the right of access.

Section 26 of the Land Surveyor's Act states: "Subject to the provisions of section 27 any surveyor upon production of a Certificate of Identity may, with or without his student surveyors, servants, and workmen, enter upon any land which it is his duty, or which he has been appointed, to survey or identify and, so far as may be necessary for such survey, upon all other lands immediately abutting upon such land for the purposes of such survey."

Section 27 of the act, makes reference to the fact that a notice of survey has to be served on the adjoining properties not less than 10 days before the survey.

So once a commissioned land surveyor produces his Certificate of Identity, having served his notice, he should be allowed to enter any property for the purpose of conducting his survey. This includes all gated community and strata complexes.

I hope this information will help the managers of these gated communities to make life easier for surveys who are trying to do their job.

We are, by law, allowed to enter on to any property to conduct our surveys and should be afforded that opportunity without hassle.

Keep sending our 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 craig_r_francis@yahoo.com or Precision Surveying Services.