Survey Law, Chapter 132 of 1953

1. This Law may be cited as t~e Survey Law. Short title.

2. In this Law, unless the context otherwise requjres:-:- Interpreta- tion, "Director" means the Director of Federal Surveys and, in relation to any function delegated to an officer of the Survey I?epartment under the provisions of section 117, includes such officer; "licensed surveyor" means a surveyor licensed under the Cap. 194, Survey Act or under any Ordinance providing for such licens- (1958). ing which was. in force at any time before the commencement of the Survey Act; "owner", in relation to· any land, means ap.y person receiving rents or profits from any tenant or occupier thereofwllether on his own account or as agent or trustee for any other person or who would receive the same if the land were- let; • "public survey" means any survey made for the purpose of defining the boundaries of any land which is owned by the state or any public authority, or in which the state or any public authority possesses or disposes of any interest, or any survey which forms part of the general survey of Nigeria or of any part thereof; 2214 CAP. 132] Survey "registrable instrument" means any document relating to land the registration of which is required by any written law; "State" means Gongola State of Nigeria; "Survey Department" includes the department of the Federa- tion exercising functions relating to survey and, where the context relates to the State, means the Survey Division of the Ministry of Housing and Environment; "surveyor" means a licensed surveyor or an officer of the Survey Department authorised by the Director or the Sur- veyor-General to carry out surveys; "Surveyor-General" means the Surveyor-General of the State and, in relation to any function delegated to an officer of the Survey Department under the provisions of section 11 7, includes such officer. PART Ill-GENERAL Plans 3. No map, plan or diagram of land:- attached to (a) if prepared afterthe 1st day ofJune, 1918, shall be accepted registrable instruments for registration with any registrable instrument which is or tendered required by any written law to contain a map, plan or in evidence to be signed diagram; and by surveyor. 1974 No. 34. (b) if prepared after the 16th day of May, 1918, shall, save for good cause shown to the court, be admitted in evidence in any court, unless the map, plan or diagram has been prepared and signed by a surveyor or is a copy of a map, plan or diagram so prepared and signed and certified by a surveyor as being a true copy. Submission 4.-(1) where a licensed sun,eyor prepares any map, plan or of map, diagram which is to be annexed to, or form part of, any registrable plans and diagrams instrument, he shall:- to State (a) insert the date of completion of the preparation of the map , Surveyor- General. plan or diagram at the foot or other conspicuous part 1977 No. 22. thereof; and (b) within on,e month of the date of completion, submit a copy of the map, plan or diagram to the State Surveyor-General. (2) The Surveyor-General shall, on receipt of any of the docu- ments provided for under subsection ( l) above, issue a certificate Survey [CAP.132 2215 of deposit to the licensed surveyor on payment of a fee of fifty kobo. (3) Any licensed sµrveyor who fails to submit to the State Surveyor~General the documents provided for under subsection (1) above shall be guilty ofan offence and shall on conviction be liable to a fine not exceeding forty naira. (4) The Surveyor-General shall keep proper record of any map, plan or diagrams so submitted to him pursuant to.this section and shall ensure its safe custody and shall make it available to members of the public fo~ inspection.

5. Any person who practices or profess to practise the profes~ Unlicensed •sion of surveying, not being a surveyor, shall be guilty of an offence fo~~~:~~~e and shall be liable to a fine of one thousand naira in respect of each professional transaction in which he was engaged, and shall not be entitled to surveying. sue in any court for remuneration in respect of a survey, plan, map or diagram made by him. 6.,-(1) For the purposes of any public survey the Director of Powers in the Surveyor-General or any surveyor authorised by him may ~~l;~ilic enter upon any land with such assistants as may reasonably be surveys. required, and may affix or set up or place thereon or therein trigonometrical stations, survey beacons, marks or poles, and do all things necessary for such survey. • (2) The surveyor shall, when practicable, give reasonable notice to the owner or occupier of the land of his intention to enter thereon.

7. Compensation shall be payable out of the public revenues to C:ompensa- the owner of any crops or trees cut or damaged in the exercise of lion. any of the powers conferred by section 6; and ifany question shall arise as to the amount of compensation to be paid or the right of a claimant to recover compensation, such question shall, in default of agreement between the Director of the Surveyor-General and all persons concerned, be finally determined by a District Judge on application made by the Director or the Surveyor-General or any person authorised by him in that behalf, or by any person claiming to be entitled to compensation under the provisions of this subsection: 2216 CAP.132] Survey Provided that no such application person claiming to be entitled to shall be granted if it is by a compensation and is made more than thir ty days after the date on which the crops or trees in respect of which the claim is brou ght were cut or damaged. Powe r to 8. Any surveyor may, for the which he is employed to survey, purpose of surveying any land surveryor to enter upon ente land. whether private or public, causing r on and pass ove r any land , as little inconvenience to the owner or occupier of such land as is consistent with his duties. Penally for 9. Any unauthorised person who removing move or injure any trigonometric shall wilfully obliterate, re- survey and boundary al station, survey beacon, mark or pole or any boundary mar k affix marks. purpose of any public survey or any ed, set up or placed for the survey ordered by a court shall be liable to fine of forty nair a or to imprisonment for thre e months or to both, and in addition may be repa iring or replacing the thing obli ordered to pay the cost of terated, removed or damaged and of making any survey rendered the conviction is had. necessary by the act for which Duty of 10.- (1) It shall be the duty of the any land on or in, or on the boundar owner and the occupier of owners and occupiers in relation to cal station, survey beacon, mar k ies of which any trigonometri- survey or pole has been affixed, set up or marks. placed, to preserve such trigonom etrical station, survey beacon, mar k or pole, and forthwith to repo rt to the Survey Dep artm ent if the same shall be obliterated, rem oved or injured or shall require repair. (2) Any owner or occupier failing to comply with the provisions of this section shall be guilty of an offence and shall be liable to a fine of one hun dred naira. Duty of 11. -(1) It shall be the duty of ever chief and y chief or local govemment: - local (a) to prevent the obliteration, rem government. oval or injury of any trigono- metrical station, survey beacon, mar mar k within the local limits of his k or pole or boundary or its jurisdiction; and • (b) forthwith to report to the Surv ey Dep artm ent any such obliteration, removal or injury. (2) Any chie f or local government provisions of this section shall be failing to comply with the guil liable to a fine of one hun dred nair ty of an offence and shall be a. [CAP. 132 2217 Survey

12.- (1 ) Any person who , unless acting on the authority of the Penal ty fo r uncovering unco ver any surv ey beac on ting Dire ctor of the Surveyor-General shall or neglec below the surfa ce of the grou nd, or covered with to re-cov er or mark buried survey be guilty of an offence and beacons earth , ston e or othe r material, shall . or marks . naira shall be liabl e to a fine of two hund red d a survey beacon or mark (2) Any person who, having uncovere the Dire ctor or the Surveyor-General shall with the authority of neglect:- (a) in the case of a covered beac on or mark to cover the same in the prescribed man ner; or (b) in the case of a buried beacon or mark properly to fill up the hole with the same mate rial as the ground or road unde r whic h the beacon or mark is buri ed, be liable to a fine of two shall be guilty of an offence and shall hund red naira. rd to mation a conv1ct10n is se- Rewa

13. Any informer on whose infor secti on 9 or secti on informer. offen ce unde r Cap. 98. cured agai nst any person of an of the Penal Code may, with 12 of this Law or unde r section 335 Com miss ione r be paid a reward not exceeding the approval of the ten naira out of the public revenues . tion of land, or any other person, Execu

14. If any owner or occupier of any s of this Law to order at the the prov ision expen se of being ordered in acco rdance with act with in a reasonabl e pe rson dis- perform any act, fails to perf orm such obeyi ng it. r may , after giving notice to time, the officer who gave the orde on of his inten tion so to do, such owner, occupier or other pers to be perfo rmed , and the expenses incurred in such cause the act ble by such owner, occupier or othe r performance shall be paya perso n. Penalty for ructs, hinders, resists or obstru

15. Any perso n who wilfully obst duty in or abou t the cting of his yors. threatens any surveyor in the execution surve survey ordered by a court, or conduct°of any public survey or any in aid of any such surveyor, any workman or other person acting be liable to a fine of five shall be guilty of an offence and shall ths or both. ison men t for six mon hund red naira or impr 2218 CAP.132] Survey Recoverv of 16. Any sum due under the provisions ofthis Law may be sued moneys due. for and recovered by the Director of the Surveyor-General or any person authorised by him by action in any court of competent jurisdiction. Delegation 17.-( I) The Director or the Surveyor-General may by notice in of functions of Director the Gazette or the State Gazette as the case may be delegate any of or Surveyor- his functions under this Law to any officer of the Survey Depart- GeneraL ment by name or office, except in the function prescribed by this section. (2) Any such delegation shall be revocable at will and no delegation shall prevent the exercise by the Director or the Surveyor-General of any function. Power of 18. The President may make regulations:- President to make regula- (a) prescribing the fees which may be charged for services tions. rendered by the Survey Department; (b) prescribing any other matters which this Law requires or authorises to be prescribed; (c) generally for giving effect to the purposes of this Law. Power of 19. The Governor may make regulations:- Governor to make regula- (a) prescribing the manner in which surveys are to be made, the tions. GGS 8 of records to be kept by licensed surveyors and the manner of 1983. keeping the same; (b) prescribing the manner of the demarcation of boundaries in connection with surveys; (c) with regard to plans of surveys and their preparation and the matters to be shown thereon; (d) with regard to the publication, issue, service and form of notices to be published, issued or served under this Law or regulations made thereunder; ( e) prescribing the returns to be made by licensed surveyors to the Director or the Surveyor-General; (/) requiring surveyors to report to the Director or the Sur- veyor-General matters connected with surveys on which they are erigaged or with previous surveys, ascertained by them during the course of their work; Survey [CAP. 132 2219 ed (g) for securing the maintenance of boundary marks in their ny correct position and the preservation of the same; nt (h) providing for the checking of surveys alleged to be errone- ous and for the incidence of the expenses of such checking; (i) providing for the checking and correction of tapes and in instruments used by surveyors; of ·t- (j) providing for and regulating the inspection and the taking of GGSLN 3 of is copies of plans of surveys in any office of the Survey 1983• ( Division of the Ministry of Housing and Environment; (k) prescribing the fees which may be charged for services co rendered by the Survey Division of the Ministry of Housing te and Environment; ([) prescribing any other matters which this Law requires or authorises to be prescribed by him; and (m) generally for giving effect to the purposes of this Law so far 'S as the Surveyor-General and the Governor are the appropri- ate authorities therefor.