A Matter of Land | How do I obtain a title for the land my father left me?
Good day, readers. This week I will respond to another interesting question from a reader.
Good Day Mr Francis,
I would just like some advice as to how I go about obtaining a title.
My situation is this. My father had the diagram for the land but then he died and my uncle took it.
I would like to survey my part of the land but they are being very slow in presenting me with the diagram. Is there another way I can go about obtaining a copy of the diagram?
Patiently await your response.
Thanks in advance.
Good day A.H. Let me first respond to the surveying part of your question as that is my primary area of expertise.
All my regular readers should know that a survey diagram is a time-sensitive document that has a lifespan of seven years.
That means that after seven years the document is not valid unless it is certified by a commissioned land surveyor by means of a Surveyors Declaration.
This declaration would be prepared after the surveyor makes extensive checks on the property to ensure that the diagram and what is on ground coincide exactly and, if pegs are missing, replace them.
If he is unable to do that, then a new diagram is needed and would be recommended by the surveyor.
CONTACT A COMMISSIONED LAND SURVEYOR
If you want a copy of the diagram that you could use in your title application, you can contact the land surveyor who did the original survey and tell him you need a certified copy of the original PreCheck plan. He will have to request it from the National Land Agency.
You will be able to use that in your title application. If you are unable to contact the original surveyor, you can contact any commissioned land surveyor; however, you will need to present him with the PreCheck plan Examination (PE) number or the name of the original surveyor, the location of the property so he can request the copy you need.
In the case where you are unable to locate the diagram or if you do not want to be bothered with the hassle of that, you can go ahead and have a new survey diagram prepared by a commissioned land surveyor. As I said, the diagram is time-sensitive so if you are unable to get your hands on the old one you can commission a new one.
Next week, I will move on to how you can go about getting a title for the land left to you by your father.
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 Precision Surveying Services.