Fri | Aug 18, 2017

A Matter of Land | Was I duped by my land surveyor?

Published:Sunday | March 5, 2017 | 3:00 AM
Craig Francis
1
2

Good day, readers, and thank you for your continued support of A Matter of Land. Today I respond to another question from a reader.

Good day Mr Francis,

Thank you for the information you continue to give us about land and property matters.

You explain very technical things in an easy-to-understand manner that I really like, and I have learnt so much reading your columns. I never knew I would need to write to you, but now I have a question for you.

I am purchasing a strata unit in Kingston and the lending institution requested a Surveyors Report. I contracted a commissioned land surveyor to prepare one but when I took it to the lending institution I was told that the surveyor did not attach a document called the Annexure B to the report.

I was told that I would not be granted an interview and the processing of the loan could not begin until the Annexure B was provided.

I called the surveyor, who said it wasn't a part of his report but promised to give me a copy nevertheless. I need some clarification on this please.

- M.T.

Good day M.T., and thank you for your kind words.

I am sorry for the hold-up and inconvenience you have suffered because of the circumstances; however, I must tell you that the commissioned land surveyor you contracted is absolutely correct, his report would not have a copy of the Annexure B attached to it.

The Annexure B is the section of the strata plan that contains the restrictive covenants for the strata, if there are any.

 

Restrictive covenants

 

Unlike the land title that has its restrictive covenants listed on its face, the strata title has its restrictive covenants at the back of the strata plan in the Annexure B.

This information was apparently not known by the person you initially had contact with at the lending agency, who told you the documents required.

As part of the documents required you must submit a copy of the most recent Certificate of Title along with the other requirements.

Had the person been cognisant of the above information they would also tell you to produce the Annexure B, which you could have acquired from the National Land Agency or the vendor's attorney.

This would mean that when the Surveyors Report came one could check the report against the Annexure B with regard to the section speaking to the restrictive covenants.

So M.T., your surveyor was not negligent in his duties. He gave you what was required of him, and what the person at the lending agency was asking for was an additional item.

I am happy he assisted you in the manner he did as I would expect nothing less from a member of this noble profession.

I hope the persons from the lending agency are reading this so that next time they can instruct the proposed borrower of all the documents needed when purchasing a strata unit.

All the best in your quest for property ownership and I hope you will complete the process soon.

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