Land Survey Regulations, 2020

GAZEITE EXTRAORDINARY The Malawi Gazette Supplement, dated Regulations, Rules, etc. Government Notice No. 49 425 12th August, 2020, containing (No. 24A) LAND SURVEY ACT (CAP. 59:03) LAND SURVEY REGULATIONS, 2020 EXERCISE of the powers conferred by section 75 of the Land Survey Act, I, KEZ2.IE l<AsAMBALA MSUKWA, Minister of Lands, make the following Regulations ARRANGEMENT OF REGULATIONS REGULATIONS PART I-PRELIMINARY I. Citation 2. Interpretation 3. Application 4. Surveys subject to approval PART H-LICENSfNG OF LAND SURVEYORS 5. Assessment of applicants 6. Setting examination 7. Oral interviews 8. Licensing 9. Surveyor General may check field work PART Ill-REGISTRATION OF SURVEY TECHNICIANS, GRADUATE SURVEYORS AND LICENSED SURVEYORS l 0. Registration as surveying technician 11. Registration as graduate land surveyor 12. Registration as licensed surveyor 13. Certificate ofregistration 14. Register 15. Authorized common seal PART IV-CHECKING OF SURVEY WORK 16. Surveyor General may test surveys of doubtful accuracy PARTY-FIELD WORK 17. Information previous to survey 18. Testing, adjustment and registration of survey equipment 19. Field book observations 20. Surveys to be based on geodetic stations ,. 426 12th August, 2020 REGULATlONS 21. Position of geodetic stations shall be determined 22. Baseline measurement 23. Determination of true north 24. Determination of points 25. Checking of surveys and limits of allowable error 26. Beacon on or near boundaries 27. Curves as boundaries 28. Unacceptable boundaries 29. Curvilinear boundaries 30. Topographical features to be surveyed 31. Surveys to be based on reference marks PART VI-BEACONS 32. Beacons to be placed 33. Types of beacons 34. When beacons are not required 35. Indicatory beacons 36. Moving beacons 37. Damage to beacons and geodetic stations PART VII-DEED PLANS 38. Deed plan forms 39. Quality and size of material 40. Margin 41. Ink 42. Geometrical figure 43. How to indicate beacons and geodetic stations 44. Colouring 45. Lettering 46. How to indicate contiguous properties 47. Unit of measure 48. Scales 49. Numerical data to be recorded on a deed plan 50. Coordinates 51. Limits of inconsistency 52. How to indicate North 53. Topography 54. Names ofrivers, etc to be given 55. Direction ofrivers 12th August, 2020 427 REGULATIONS 56. Direction of roads and railways 57. Irregu Jar boundaries 58. Limits of the figure to be clearly described 59. Land to be designated by a name or number 60. Locality to be stated 61. Easements and rights of way 62. Beacons to be described 63. Connecting data 64. Composite deed plans 65. Erasures 66. Approved deed plans 67. Untidy and dilapidated plans 68. Deed plans to be signed and dated I I ~ PART VHI-WORKING PLANS 69. When a working plan is required 70. Material to be used 71. Margins 72. Scales 73. Data and details to be recorded on the working plan 74. How to show data and details 75. Conventional signs to be used on plans 76. Working plan to be signed and dated PART IX-SURVEY RECORDS 77. Survey records 78. Computations 79. Comparison of data PART X-GENERAL PLANS 80. When a general plan is required 81. Data and details to be shown on a general plan 82. Survey records to accompany the general plan 83. Survey records retained by the surveyor 84. Alternative format for a general plan 85. Reference numbering for a general plan and its records 86. Alterations to a general plan 87. Surveyor Genera] to maintain a cadastral index 88. Limits of accuracy 89. Survey procedure 90. Registration diagrams 428 12th August, 2020 REGULATIONS PART XI-DEMARCATION OF CUSTOMARYEsTATES 91. Nature of general boundaries 92. Identifying physical features 93. Verifying land parcels 94. Demarcation and field verification of land parcels 95. Use of fixed boundaries 96. Plotting registration diagrams 97. Individual and contiguous land properties 98. Unique number of land parcels 99. Content ofregistration diagrams PART XU-MEASUREMENT BY DIFFERENTIAL GNSS 100. Registration of GNSS Receivers and drones 1 O I. Specification of survey done with receiver 102. Approval of transformation parameters I 03. Establishing of geodetic survey controls I 04. Method of cadastral, etc. surveys 105. Placing beacons in cadastral surveys 106. Approved data software 107. Submission of survey records I 08. Format of the generated field book ~ I .. PART XIJl-MISCELLANEOUS 109. Surveys of land on behalf of Government 110. Surveyor General not liable for cost of any document officially required 111. Replacement of lost beacon to be reported by the surveyor 112. Plan to be in duplicate 113. Tariffs for survey 114. Surveyor General to be taxing officer 115. Board to be taxing office 116. Accounts for government surveys to be in duplicate 117. Application for licence 118. Licence to be personal 119. AnnuaJ fee 120. Notification of postal address and specimen signature 12 l. N otification of cessation of practice 122. Preservation of beacons by landlords 123. Unsatisfactory boundary 124. Revocation 12th August, 2020 429 ""'11111 I. 2020. 2. PART I-PRELIMlNARY These Regulations may be cited as the Land Survey Regulations, Citation "angle" when used in relation to a figure on a plan, means the internal angle at the intersection of two adjacent sides; or the angle made by the intersection of an indicatory line and an adjacent side, or by two indicatory lines· "arc" means the mean of a round of observations taken in clockwise order and a round of observations taken in anti-clockwise order with the telescope reversed; "customary estate lease" means the certificate issued under section 23 of the Customary Land Act; "deed plan" means a plan with the attributes under Part VII; "figure of regular shape" means a rectangular figure, a parallelogram, a right angled triangle, a right angled trapezium or any one of these figures of which one or more of its comers has been cut off by an isosceles triangle; "fixed boundary" means a boundary of a piece of land accurately determined by survey in accordance with these Regulations; "geodetic station" means a station of the primary, secondary or tertiary triangulation; "general boundary" means a boundary which uses natural or man-made features to define a boundary line of a land parcel; "general plan" means a cadastral plan that accompanies a survey that is required to be submitted to the Surveyor General but is exempted from approval; "GNSS" means Global Navigation Satellite System; "registration district" shall have tbe meaning under the Registered Land Act; Cap.58:01 Jn these Regulations, unless the context otherwise requires • "left bank of a river" means that bank of a river which is on his left when the observer is looking downstream; "original plan" means the registered plan of the property being surveyed, re-surveyed or subclivided; "right bank of a river" means that bank of a river which is on his right side when the observer is looking downstream; "round of observations" means a single series of observations to surrounding stations; "side" means the length of a straight boundary I ine represented thereon, or the length of an imaginary line joining any two beacons between which the boundary is curvilinear; I nterpretauon Act No. 19 of 2016 430 12th August, 2020 Act No.17 of 2016 Application Surveys subject to approval "subdivision" shall have the meaning under the Physical Planning Act· "sub division plan" means the plan of a subdivision; "trigonometrical station" means a station of the primary, secondary or tertiary triangulation; "UTM" means the Universal Traverse Mercator; and "work plan" means a plan with the attributes under Part VIII. 3.-(l) These Regulations shall apply to surveys carried out for the following purposes (a) all surveys carried out by the Government, or on behalf of the Government, for the purposes of creating or conveying any interest in land whether on public or private land; (b) all surveys carried out within a Land Registration District for the purposes of creating or conveying any interest in land where the Registry Map is being maintained by the Surveyor General; (c) any survey carried out on private land; and (d) any surveys for the purpose of providing topographic and hydrographic information. (2) These Regulations shall not apply to any survey, whose field work was commenced before the coming into force of these Regulations or to any plan framed in accordance with Regulations in force at the date of such survey. 4.-(1) All records, survey data and plans that are prepared for surveys carried out under regulation 3 (I) shall be (a) submitted to the Surveyor General for examination and approval; and (b) tiled by the Surveyor General and be assigned distinctive reference numbers. (2) Records, survey data and plans that are submitted by surveyors engaged to carry out surveys that may be exempted from approval by the Surveyor General where (a) the survey carries a report signed and dated by a registered licensed surveyor certifying that the survey was carried out by himself or under his personal supervision; and (b) the Surveyor General reserves the right to examine any survey to ensure that the regulations are complied with. (3) The Surveyor General may grant exemption from examining other surveys of a similar nature to those exempted in regulation 3(2) upon written application by a surveyor. 12th August, 2020 431 PART II-LICENSING OF LAND SURVEYORS 5.---{ I) The Board shall consider applications for licensing of land Assessment surveyors, at least twice every year. of applicants (2) An applicant to be considered as a candidate as a licensed Surveyor shall complete, sign and submit Form I A in the Seventh Schedule hereto with evidence of payment of application fees to the Board as prescribed in the Eighth Schedule hereto. (3) The Board shall accept an application for licensing and registration from a candidate who meets the requirements under section 28 of the Act. (4) Subject to section 28 of the Act and sub-regulation (1), a candidate shall submit to the Board (a) a register of approved jobs carried out by the candidate; and (b) a letter from his supervisor, who shall be a practising licensed surveyor, confirming that the candidate carried out the jobs under his supervision. (5) The Board shall make an assessment of the candidate's submission and shall make a decision regarding whether the candidate qualifies to proceed to an examination or not. (6) Where the Board has made a decision on a submission ofa candidate, it shall communicate the decision to the candidate in writing and in the case where the decision is that the candidate does not qualify to proceed to an examination, the candidate shall be provided the reasons for such decision in writing . 6.---{ I) The Board shall agree on the trial survey to be given to a Setting candidate. examination ..• (2) The Board shall give a candidate a trial survey, once it has been agreed, and the survey shall be completed within fourteen days from the date it was given to the candidate. (3) Each member of the Board shall independently assess, mark and award marks to a trial survey of a candidate. (4) The Board shall agree on how a trial survey shall be marked and assessed. (5) The Board shall inform a candidate, in writing, of its decision, as to whether the candidate has passed the examination or not, within fourteen days from the date the candidate submitted his trial survey. (6) Where a candidate has failed his trial survey, the Board shall inform the candidate the reasons for its decision. 7.---{I) Four members oftbe Board shall comprise an interview panel. (2) The Board shall design an assessment form to be used for assessment during an interview of a candidate. Oral interviews 432 12th August, 2020 Licensing Surveyor General may check field work Registration as surveying technician (3) The interview panel shall confirm, through the questioning of a candidate, whether the candidate personally carried out a trial survey. (4) A candidate shall be examined on the laws relevant to the practice of surveying. (5) The Board shall assess a candidate and satisfy itself whether the candidate deserves a licence or not. (6) The Board shall inform a candidate, in writing, whether he has passed the interview or not within fourteen days from the date of the interview, and where the candidate has failed the interview, the Board shall provide the reasons of its decision, in writing. (7) A candidate who has failed an interview shall not be considered for another examination within the same year. 8.-(1) A successful candidate shall be required to fill Form I of the Seventh Schedule hereto. (2) The Board shall award a successful candidate with a licence in Form 11 of the Seventh Schedule hereto. (3) A licensed surveyor shall pay to the Board an annual fee as prescribed in the Eighth Schedule hereto. 9.-( 1) The Surveyor General may, at any time, delegate an officer in the public service, being a surveyor, to check in the field any survey done by a surveyor under the Act or any information recorded in connection with such survey or to test any surveying instruments or measuring bands used by such surveyor. (2) The Surveyor General may likewise delegate any officer in the public service, being a surveyor, to inspect and report upon the erection and maintenance of beacons in accordance with the Act and these Regulations. PART Ill-REGISTRATION OF SURVEY TECHNICIANS, GRADUATE SURVEYORS AND LICENSED SURVEYORS 10. A person shall be considered to be registered as a surveying technician where he or she (a) has complied with the requirements contained in section 32 of the Act; (b) has attained practical experience in land surveying under the direction of a registered licensed surveyor for a period of not less than two years; (c) has submitted an application to the Board for registration as a surveying technician in form of a completed and signed Form IC in the Seventh Schedule hereto; (d) is a registered surveying technician with the Surveyors Institute of Malawi; and (e) has paid to the Board the prescribed registration fee as set out in the Eighth Schedule hereto. 12thAugust, 2020 433 11. A person shall be registered as a graduate land surveyor when he or Registration she- as a graduate land surveyor (a) has complied with the requirements contained in section 31 of the Act; (b) is a registered graduate member of the Surveyors Institute of Malawi; (c) has submitted an application to the Board for registration as a graduate land surveyor in form of a completed and signed Form ID in the Seventh Schedule hereto; and (d) has paid to the Board the prescribed registration fee as set out in the Eighth Schedule hereto. 12. A person shall be registered as a licensed surveyor when he or Registration she- as licensed surveyor (a) has complied with the requirements contained in section 28 of the Act; (b) has submitted an application to the Board to be registered as such in form of a completed and signed Form IE as set out in the Seventh Schedule hereto; (c) is a fully paid member of the Surveyors Institute of Malawi; and (d) has paid to the Board the prescribed registration fee as set in the Eighth Schedule hereto. 13.-{1) The Board shall, upon registration, issue a certificate of Certificate of registration to a surveying technician, a graduate land surveyor or a licensed registration land surveyor, as the case may be, as set out in in Forms Il B to D of the Seventh Schedule hereto. (2) The certificate of registration referred to in sub-regulation (1) shall be renewed annually upon application and payment of the prescribed registration fee to the Board set out in the Eighth Schedule hereto. 14. The Board shall maintain a register containing the following Register information of each member (a) full name; (b) contact details; (c) the date of the issue of first certificate; (cl) the status of certificate; (e) the status of licence; and (j) claims, if any, for professional indemnity. 15.-{l) A person registered as a licensed surveyor shall obtain an Authorised authorised common seal to be used in the certification of plans, drawings and common seal documents. (2) A registered surveyor shall return the seal referred to in sub-regulation (1) upon suspension or revocation of his registration with the Board. ... 434 12thAugust, 2020 Surveyor General may test surveys of doubtful accuracy In formation previous to survey Testing, adjustment and registration of survey equipment (3) Every cadastral plan, survey plan or report shall be (a) embossed with the seal of the registered surveyor; and (b) registered with the Surveyor General. PART IV-CHECKING OF SURVEY WORK 16.-{1) (a) Where the Surveyor General has any reason to doubt within the limits prescribed the accuracy, in regulation 9, of any survey made under the Act, he may call on the responsible surveyor, in writing, to admit or deny the inaccuracy within a period of thirty days; (b) here a surveyor admits the inaccuracy, he shall, without delay, take appropriate action to rectify his error; (c) where a surveyor denies the inaccuracy, he and the Surveyor General may agree upon a surveyor to be appointed to test the accuracy of the survey in question; and (d) where he so desires, a surveyor, may be present, at his own expense, during the testing of the survey. (2) Should the surveyor, when called upon by the Surveyor General neglect either to admit or to deny, within the said period, the inaccuracy of his work, or should no agreement be come to within a period of thirty days as to the surveyor to be appointed, the Surveyor General may, without further reference to the surveyor, appoint a surveyor to make the necessary investigation. (3) (a) In the event of the work proving inaccurate, the Surveyor General may reject the whole survey or any portion of it, and charge the cost of the investigation to the surveyor concerned; and (b) should the survey prove to be within the prescribed limits of accuracy and to have been carried out in accordance with these Regulations, the Surveyor General shall be liable for the costs of the investigation. l PARTY-FIELD WORK 17 .-{1) Before carrying out any survey, a surveyor shall provide himself with all available information in respect of any previous survey of the piece of land to be surveyed and of the adjoining pieces of land. (2) The Surveyor General shall furnish this information to surveyors free of charge where he is able to do so. 18.-{l) Every surveyor shall assure himself that his survey equipment used for the purpose of base or other measurements has been properly tested and any errors ascertained and that the equipment is in a proper state of adjustment and has been registered at the Surveyor General's office. (2) Unless there is a standard base approved by the Surveyor General available for the testing of his survey equipment, every surveyor shall reserve 12th August, 2020 435 at least one survey equipment of a type approved by the Surveyor General as a standard to be used solely for the checking of the equipment which he has in general use. (3) The standard equipment shall be submitted to the Surveyor General before use in Malawi, and thereafter at least once every ten years, to be tested or re-tested, which testing or retesting shall be done free of charge. (4) When called upon by the Surveyor General to do so, a surveyor shall as soon as possible, submit his standard or other survey equipment to the Surveyor General for testing. (5) A surveyor may, if he so desires, at any time submit one or more of his survey equipment to the Surveyor General to be tested free of charge. (6) The Surveyor General may condemn any survey equipment which he considers is not fit for survey work, or he may prescribe on what class of survey work any particular equipment may be used and the number of repeat observations which must be made with any particular instrument, (7) A surveyor shall not use, in any survey done under the Act, any survey equipment that has been condemned pursuant to sub-regulation (6). (8) The Surveyor General may assign a unique number to each of the survey equipment tested or registered by him, and a surveyor shall quotesuch number in the field book relating to each survey he carries out. 19.-(1) Observations shall be made with a telescope in both direct and reversed positions, and these observations shall be separately entered in the field book. (2) During observations, it shall not be necessary to reverse the telescope Ca) when using a total station; and (b) when making vertical observations over distances of less than one kilometre when the depression or elevation angle is not more than 10 degrees. (3) Rounds of observations from any point shall be made alternatively in clockwise and in anti-clockwise order. (4) In the first round of observations, at each observing point the instrument shall be set, whenever possible, in the bearing which is to be used throughout the survey and computations. (5) Each round of triangulation observations from a station shall be concluded by sighting on the first object observed on the round and the resultant readings shall be entered into the field book. (6) All angular observations, measurements of length, slope and, when necessary, the temperature and the distance to be corrected for sag, shall be separately entered in the field book. (7) Where a measurement of length exceeds the tape used, each tape length shall be recorded in the field book. • •• Field book observations 436 12th August, 2020 Surveys to be based on geodetic stations (8) Where a total station is used, the printed field book or electronic field book shall be admissible. (9) The date on which the observations are made at each observing point shall be recorded in the field book above the column of bearings and any special circumstances which may adversely affect the quality of any observations shall be recorded in an appropriate position on the same page if possible. ( I 0) A fu 11 description of all beacons, whether placed, found or adopted, and other marks used in the course of the survey, shall also be entered in the field book and it shall be clearly stated whether the beacon was found or placed. ( 11) Unless electronic distance measurements methods are used, all field books used in surveys of land shall be in the prescribed form. prescribed in the Second Schedule hereto and all observations and measurements shall be recorded clearly and legibly in pencil, and in the manner indicated therein. (12) Any entries in the field book, other than those of actual observations or measurements made in the field, shall be written in ink and entries of data for setting out beacons shall be cross-referenced to the pages in the computations from which such data were extracted. ( 13) No erasures shall be made in the field book and alterations, if any, shall (a) be made by drawing a line through the erroneous entry in such a way that the original entry remains legible; (b) be entered in the correct value outside the erroneous entry and never cross it; and (c) be made in the field as the result of actual direct re-observations or re-measurements, and at the time such re-observations or re-measurements were made. (14) Every surveyor shall enter in his field book the type of instruments and particulars of the survey equipment used in the survey. (I 5) The letters or numbers by which the beacons or other marks are recorded in the field book shall be plain and clear, and digits by themselves shall not be used to designate beacons or stations, except in the case of international boundary beacons. 20.-(1) The survey of any piece of land shall be based upon a geodetic station if situated within 3,000 metres of any such station. (2) Where a traverse be necessary for the basing in sub-regulations (I), the prescribed distance from geodetic station shall be 800 metres. (3) Where the basing is within a municipality or township and a reference mark survey exists, the survey shall be based upon such reference marks in accordance with regulation 31. (4) The Surveyor General may, in exceptional circumstances and subject to such conditions as he may deem necessary, exempt any survey from the operation of this regulation. 12th August, 2020 437 21.-(1) The position of any geodetic station which falls within the limits of the land under survey shall be determined accurately and indicated on the plan of such land. (2) The position of any geodetic station which falls outside the limit of the land under survey but which is within 100 metres of any beacon thereof shall be accurately determined and indicated on the plan of such land. 22.-(1) Where in any survey it is necessary to measure a base, the Baseline length of such base shall not be less than 10 per centum of the perimeter of the measurements land under survey. (2) Notwithstanding sub-regulation (I) Position of geodetic station shal I be determined • (a) the length of a base need not exceed I ,000 metres; and (b) the Surveyor General may, in exceptional circumstances, approve the use of a shorter base. (3) A baseline shall have inter-visible terminals and shall be measured­ (a) once in each direction; or (b) once in two sections of more or less equal length, which shall be compared through subsidiary triangles. (4) The difference between any two measurements of a base or between a measurement and a derived distance shall not exceed I in 10,000. (5) Measured distances shall be corrected for slope and for all factors to enable the correct reduced projection distance to be obtained . 23. When the survey of any piece of land is not based on geodetic stations, the direction of true north shall be determined, as accurately as possible, by astronomical observations, if not derived from other sources, with prior authority of the Surveyor General and the manner in which true north has been determined shall be recorded in the field book and stated in the report on survey. 24.-( I) The position of a point shall not be determined by (a) triangulation or trilateration when the apex angle of fixing rays is less than 30 degrees or greater than 150 degrees; (b) resection from less than four points favourably situated; and (c) intersection from less than three points favourably situated. (2) The position of a point may be determined by (a) single bearing and measured distance from a· survey station if such position is adequately checked against another known station; (b) resection from geodetic station if the observations for such resection have been taken on at least two arcs; (c) two rounds of observations where a total station is used; and (d) a single closed triangle if the observations at all three points have been made on at least two different parts of the circle and the angles of the triangle are taken out directly and a comparison given with those Determination of true north Determination of points 438 12th August, 2020 Checking of surveys and limits of allowable error obtained from the directions used in the computations. 25.-( 1) Every surveyor shall always perform sufficient field work to enable him to apply a thorough check to every part of his survey. (2) For the purpose of this regulation (a) (i) "Class A" refers to surveys to determine the position of town control or reference marks; (ii) "Class B" refers to surveys in cities, municipalities, townships and district centres; and (iii) "Class C" refers to surveys not included in Class A or Class B; (b) Triangulation: The difference between the observed and calculated bearing of any ray used in fixing a point by triangulation shalJ not exceed (1) for Class A surveys: 1 + l 5,000/S+300 seconds; (ii) for Class B surveys: 1+30,000/(S+300) seconds; and (iii) for Class C surveys: l +60,000/(S+ 300) seconds, Where "S" is the length of the ray in metres; (c) Trilateration and Fixation by Electronic Distance Measurement: The difference between the measured and calculated length of any ray used in fixing a point using electronic distance measurement shall not exceed •• (i) for Class A surveys: 0.075S/(S+300) metres; (ii) for Class B surveys: 0.1SS/(S+300) metres; and (iii) for Class C surveys: 0.30S/(S+300) metres, Where ·'S" is the length of the ray in metres; (d) Traverse: The misclosu:re in a traverse shall not exceed­ (i) for Class A, 1: 12,000; (ii) for Class B, 1: 8,000; and (iii) for Class C, I: 4,000; and a reasonable misclosure shall be allowed in the case of short traverses. For a traverse made solely to survey a curvilinear boundary or a photo control point, the misclosure shall be commensurate with the plottable accuracy that can be achieved at the scale of the final plan; and (e) unless reason is shown to the contrary, the following limits shall apply •• 12th August, 2020 439 (i) with due regard to possible changes in the reference system, the previous co-ordinate of a found beacon shall be adopted if it is in agreement with the current survey within 0.05 metres in vector displacement; (ii) the check on the surveyed or placed beacon shall be in agreement within 0.025 metres of the surveyed or derived value; and • (iii) notwithstanding the provisions of this regulation, the Surveyor General may stipulate, in writing, other standards of accuracy in special cases. 26.-( I) Jn the survey of a piece of land, any beacon which is supposed to be on a straight Jine boundary common to such piece of land and other properties, the surveyor shall investigate the position in regard to such beacon and thereafter proceed as follows. ( a) when the terminals of the common boundary are established beacons, or are well ascertained beacons recognised by all parties, the beacon if not on the straight line joining the terminals shall be replaced on line, unless it is an established beacon, in which case it shall be adopted as a beacon of the land under survey; and (b) when the terminals of the common boundary line are· not established beacons and the position of one or both is doubtful, the beacon if not on line may be adopted provided it is a beacon recognised by all parties and in respect of which an agreement substantially in accordance with Form nr in the Seventh Schedule hereto, signed by all parties concerned, is lodged with the Surveyor General. (2) Jn the survey of a piece of land, when any beacon of an adjoining piece of land which is supposed to be on the common boundary referred to in sub-regulation (I) is found to be not on line, it need not be dealt with. (3) Notwithstanding sub-regulations (1) and (2), a beacon shall be deemed on line if (a) it is an established beacon then it shall be adopted as a beacon of the land under survey; and (b) it is a well ascertained beacon recognised by all parties and in respect of which an agreement substantially in accordance with Form 3 in the Seventh. Schedule, signed by all parties concerned, is lodged with the Surveyor General then it may be adopted as a beacon of the property under survey. (4) In cases not provided for in sub-regulations (I) and (2), the surveyor shall (a) investigate the matter thoroughly and collect all information and evidence to enable him place the beacons in their most likely positions; (b) lodge an agreement as mentioned in sub-regulations (I) and (2) if such agreement is deemed necessary by the Surveyor General; and (c) submit a full report detailing all the evidence on which he based his action with the relative survey records. Beacon on or near boundaries 440 12th August, 2020 (5) ln correcting the alignment of a beacon as provided for in this regulation, such beacon shall normally be placed at the intersection of the boundary line of which it forms a terminal and the straight line on which it is supposed to be. (6) In this regulation "established beacon" means a beacon established in terms of section 45 of the Act, and a survey includes a re-survey. (7) Where there is any uncertainty whether a beacon or boundary has been lawfully established or consented to as provided in sub-regulation ( 1 ), the surveyor shall apply to the Surveyor General for information on this point. (8) For the purpose of this regulation, a beacon shall be deemed to be not on the true and correct boundary when its displacement exceeds 0.05 + 0.0005d metres (with a maximum of I metre) where "d" is the distance in metres between such beacon and the nearest terminal beacon of the said boundary line. 27.-(1) When the centre line of a curve or a line at a uniform distance from a curve forms, or defines an existing boundary, the intersections of such line with the rectilinear boundaries, and where necessary, the ends of straights, shall be accurately determined. (2) The position of a curve defining an existing boundary may be determined by any survey method; (3) The determination of the position of a curve shall conform with the standard of accuracy prescribed in regulation 25 (2)(d) (iv), unless the elements of the curve are accurately determined, or the curve is determined by photogrammetric methods, points surveyed on such curve shall not be more than 30 metres apart. (4) Notwithstanding the provisions of sub-regulation (2), it shall not be necessary to re-determine the radius and the center of a circular curve which forms or defines an existing boundary, when such curve has previously been accurately determined. (5) When it is required to place beacons along a boundary that is defined by a circular arc, the beacons shall be located such that the perpendicular separation between the arc and the chord formed by joining two successive beacons shall not exceed one metre. Unacceptable 28.--{l) Wire fences, roads, railway lines, streams which are liable to boundaries change their courses, and any other natural or artificial features which are not clearly and permanently defined shall not be adopted as curvilinear boundaries in any fixed boundary survey, unless they are shown as boundaries in the original plan or deed of the property being surveyed or of the adjoining piece of land. (2) Except as provided in regulation 27 (2), a regular curve which is not clearly and permanently defined on the ground shall not be adopted as a new boundary in the survey of any land. (3) In the survey of any land, any side beyond 500 metres shall have Curves as boundaries I 1 12th August, 2020 441 indicatory beacons placed on line at intervals not longer than 500 metres provided that, in exceptional circumstances, the Surveyor General may sanction a longer side. 29.-(1) The only irregular curvilinear boundaries which shall be Curvilinear perm itted are right bank or left bank of clearly defined and permanent water boundaries courses, provided that for surveys undertaken in association with the Registered Land Act, any natural or artificial feature may with the approval of Cap 58:01 the Surveyor General be permissible. (2) Aerial survey methods, acceptable to the Surveyor General, may be used for determining the position of any curvilinear boundary. (3) The position of a curvilinear boundary, other than a circular curve, may be adopted from plans or maps approved by the Surveyor General. (4) The average difference between the actual position of a curvilinear boundary when plotted on a plan and its erroneous representation thereof shall not exceed one millimetre. (5) When ao irregular curvilinear boundary is depicted on an existing plan but is not readily determinable, then a linear boundary may be substituted with the approval of the Surveyor General, providing that the two boundaries are so nearly coincident that no material alteration in area of land has taken place by reason of substitution and providing that the contiguous owners of the land have agreed and steps shall be taken to ensure that plans and documents affected by the substitution are amended accordingly. 30.-(l) In the survey of any land, a surveyor shall make sufficient Topographical observations, measurements and sketches in the field to enable him to fill in features to with reasonable accuracy on the plans and deed plans the topographical be surveyed features of the land surveyed, particularly prominent hilltops, water courses, buildings, bridges, dams, springs, roads and railways. (2) The topography in the neighbourhood of beacons is to be determined with special care. 31. In the survey, re-survey or subdivision of any plot in an area in which reference marks have been established, every surveyor shall base bis survey on at least two such reference marks or on beacons previously fixed from such reference marks: Surveys to be based on reference marks • Provided that where the land is situated more than 500 metres from the nearest reference mark, a connection shall be optional. PART YI-BEACON 32. Save as is provided in regulation 34, the corner points of every Beacons to piece of land surveyed for the purpose of registration shall be marked with be placed beacons which beacons shall be built under the supervision of the surveyor responsible for the survey who shall also show the client the position of every beacon defining the property. 442 Types of beacons 12th August, 2020 33.--{I) The standard beacon shall consist essentially of an iron peg at least 10 millimetres in diameter, or an iron pipe at least 10 millimetres in internal diameter, and at least 45 centimetres in length, driven vertically into the ground so that the top is flush with the surface of the ground and the iron peg or pipe shall be set in a cylindrical concrete block at least 20 centimetres in diameter and at least 30 centimetres in depth. (2) The name of the beacon shall be clearly and permanently marked on the surface of the concrete and where the ground iS (a) soft or sandy, the iron peg or pipe shall be at least 60 centimetres in length; and (b) rocky and it is not possible to drive in an iron peg at least 45 centimetres in length, a shorter peg may be grouted into the rock or a hole at least IO millimetres in diameter and 20 millimetres in depth may be drilled in solid rock. (3) For plots less than one hectare in extent, the standard beacon shall be used. (4) For areas between one and one hundred hectares in extent a cairn of stones, bricks or concrete not less than 30 centimetres in diameter and height shall be erected over the standard beacon. (S) For areas more than one hundred hectares in extent, a cairn of stones, bricks or concrete not less than 75 centimetres in diameter and height shall be erected over the standard beacon. (6) Where a post of permanent material, forming part of a properly erected fence, occupies a corner point of the land being surveyed, it may be adopted as a beacon, provided that this post shall be distinguished from other fence posts by the erection of cairns as provided in sub-regulations ( 4) and (5). (7) When in the survey of a piece of land a beacon which should define one of its comer points is missing or is in a dilapidated condition or is of a type decidedly inferior to those described in this regulation., the surveyor shall rebuild or repair it in its original position so as to bring it into conformity with the requirements of these Regulations. (8) The erection of beacons of types other than those specified in this regulation is not expressly forbidden, but a surveyor wishing to erect other types of beacons shall first obtain the written consent of the Surveyor General. When beacons 34.-(1) Where the corner point of a piece of land coincides with a are not required comer of the building, the comer of the building shall be adopted as the beacon. ~ I , (2) Where the comer point of a piece of land does not coincide with the comer of a building, but is in such close proximity to it that a beacon cannot conveniently be placed in position, the relative positions of the comer of the building and of the point which the beacon should occupy shall be ascertained and clearly indicated on the plan by numerical data in an inset drawn to an enlarged scale. (3) When the purpose of the beacon will fall away by consolidation of 12th August, 2020 443 title or by common ownership of the land under survey, the beacon need not be placed. (4) Easements or rights of way which are clearly visible on the ground shall be beaconed, save that if the easement or right of way is of a strip of uniform width not exceeding l 00 metres, only one side of such strip need be beaconed. (5) The Surveyor General may waive the requirement to erect or restore any beacon, when it is evident that such beacon would serve no useful purpose. 35.-(l) When a comer point of a property falls within inaccessible Indicatory ground or where it is inadvisable to place a beacon, or when the position for beacons an original beacon of a property under survey falls in an inaccessible or unsuitable place, such as a river, stream, dam, dambo, railway track, road or street, its position shall be indicated on the ground by beacons erected on the straight boundary lines meeting at this point and as near as possible thereto as will be consistent with their safety and the distance between such indicatory beacons and the inaccessible corner point of the property shall be furnished on the plans. (2) Where indicatory beacons if placed in a municipality or township are likely to be mistaken for corner beacons, they shall not be placed. · (3) A beacon placed by a surveyor to define a rectilinear boundary terminating at a curvilinear boundary shall be erected on or as near to the curvilinear boundary as the nature of the land will permit without endangering the permanency of the beacon, and the· distance from the indicatory beacon to the comer point it indicates shall be furnished on the plans to the nearest metre. (4) Wherever practicable, a beacon shall be on the same side of the curvilinear boundary as is the land of which it is a beacon provided that when a line at a uniform distance from a curvilinear line forms the boundary, the point of intersection of such boundary with a rectilinear boundary shall be beaconed. (5) When a beacon shall be removed under the authority of the Surveyor General in accordance with section 45 of the Act and it is not possible or advisable to replace it in its original position, an indicatory beacon shall be placed on each of the straight boundary lines meeting thereat and the placing of such beacons shall be effected under the supervision of a surveyor who shall furnish the Surveyor General with such information as he may require to enable him to record the positions of the beacons on the relative plans. 36.--(l) Subject to regulation 35, the Surveyor General may, when he Moving of deems it necessary, alter the position of, remove or destroy a beacon or beacons landmark erected to define, or recognised as defining a boundary of any land of which a plan or description is attached to a deed registered in the Deeds Registry or Lands Registry, or may, by writing under his hand, depute a surveyor to do so. (2) Save as provided in sub-regulation (1), a surveyor shall not alter the • 444 12th August, 2020 PART VII-DEED PLANS 38.-{ 1) The form to be used in the preparation of deed plans shall be the forms as set out in the Fifth Schedule hereto. (2) Notwithstanding sub-regulation (1), on the application of a surveyor required to frame a deed plan for some special purpose not fully provided for as set out in the Fifth Schedule hereto, and on the submission by such surveyor of a description of what is required to be included, the Surveyor General may direct that a form other than as set out in the Fifth Schedule hereto be used in the preparation of such deed plan. 39.-{ I) All deed plans shall be framed on material approved by the Surveyor General. (2) Deed plans shall be framed on A4 or A3 size sheets so that cross folding may be avoided when the deed plans are bound with their relative deeds. (3) Notwithstanding sub-regulations (1) and (2), the Surveyor General may, in special cases, allow the use of other sizes. Margin 40.-(1) A marginal space shall be left along all four edges of the sheet used in framing any deed plan; that along the left and top edges shall be not less than 25 millimetres in width and that along the other edges shall not be less than 12 millimetres in width. Damage to beacons and geodetic stations Deed plan forms Quality and size of material position of, remove or willfully destroy any beacon or landmark erected to define, or recognised as defining a boundary of any land of which a plan or description is attached to a deed registered in the Deeds Registry or Lands Registry and a licensed surveyor can replace a beacon, deemed to have been disturbed, which forms part of the boundary of the plot under survey. 37. Where it comes to the knowledge of a surveyor in the course of his work that any benchmark, reference mark, beacon or geodetic station has been damaged, destroyed, removed, altered in position or fallen into disrepair, he shall immediately report the circumstances to the Surveyor General. (2) The marginal spaces shall be free of all writing and shall not be encroached upon in anyway in the framing of the deed plan. Ink 41. The ink used in the preparation ofa deed plan shall be durable good quality water proof ink. Geometrical 42.--( I) On every deed plan, the land surveyed shall be represented by a figure geometrical figure. (2) All boundaries of such land, including curvilinear boundaries, shall be represented by continuous black lines. (3) The plot ofa figure shall agree with the results of the survey within a limit of l millimetre. How to indicate 43.-(1) The position of each beacon shall be indicated on the deed plan bea~ns and by a small black circle. stations 12th August, 2020 445 (2) A geodetic station shall be indicated by a small circle inscribed within a triangle, both in black ink. (3) When two or more beacons are in such close proximity to one another that their relative positions cannot be clearly shown on the deed plan, they shall be plotted at a larger scale in an inset thereof. 44.---(I) On prints made from the original deed plan, the figure shall be Colouring marked by a uniform coloured red border running along the inner side of the boundary line. (2) The colour of the border referred to in sub-regulation (1) shall not be so dark as to obscure any necessary details. 45.---(1) (a) The letters or numbers used to designate beacons on a deed Lettering plan shall be the same as those used in the field book, which letters or numbers shall be written, wherever possible, outside the figure but as near as possible to the point indicated; and (b) where a piece of land has a curvilinear boundary, each intersection of a straight with a curved boundary shall be indicated by a lower case I etter. · (2) No letters or numbers other than those that can be reproduced by an ordinary typewriter shall be used in the field book, working plan or deed plan. (3) A geodetic station may be described by a srnalJ triangle and the official number of such station. 46.---(l) The direction of boundaries of contiguous properties shall be indicated by broken black lines drawn from the point representing common beacons or, in the case of river boundaries from the common intersection points, and the designation of such contiguous properties shall be written in their respective positions. How to indicate contiguous properties (2) Where contiguous properties and the property under survey are subdivisions of the same parent property, it shall be sufficient to refer to them by their sub-divisional number or letter omitting all reference to earlier parentage. (3) Where contiguous properties are lots in one and the same city, municipality, township or trading centre, it shal I be sufficient to describe contiguous lots by their numbers only. 47.---(1) The sides and co-ordinates recorded on a deed plan shall be Unit of expressed in metres. measure (2) The boundaries of contiguous Jots shall reflect their position at the date of the survey. 48.-(1) The scale to which the figure on a deed plan is plotted shall be Scales recorded immediately below the deed plan number. (2) The figure on a deed plan shall be plotted to one of the following scales (a) I: 1,250; 446 12th August, 2020 urnerical data to be recorded on a deed plan (b) 1 :2,500; (c) I :5,000; (d) 1:10,000; or (e) any other of the scales mentioned in which the denominator is multiplied or divided by an integral power of 10. (3) Notwithstanding sub-regulation (2), the size of the figure shall not be less than 10 square centimetres, nor so small as to be unnecessarily cramped or that any essential information would be inadequately represented on it, except as provided in regulation 43. (3) The Surveyor General may in his discretion authorize a departure from the provisions of this regulation. 49.-{ I) A deed plan intended for attachment to a deed to be registered in the Deeds Registry or Lands Registry shall contain (a) the rectangular co-ordinates to two decimal places of every beacon of the piece of land represented on such deed plan; (b) the rectangular co-ordinates to two decimal places of the centre of any circular curve bounding the property and of the tangent points of any such circular curve, if determined during the course of survey; (c) the rectangular coordinates to two decimal places of every geodetic station; (d) the sides to two decimal places; (e) the bearing to the nearest 10 seconds of arc of each straight boundary line or imaginary line joining two beacons between such boundary tine or imaginary line which is less than 2,000 metres in length; (J) tbe bearing to the nearest second of arc of each straight boundary line or imaginary line which exceeds 2,000 metres in length and when the bearing of a boundary line is given to single seconds, the bearings of any parts of the line less than 2,000 metres in length may be given to the nearest IO seconds; (g) the distance and the bearing from the beacon to the intersection of the straight and curvilinear boundaries, where a piece of land has a curvilinear boundary and the beacon has not been placed on such curvilinear boundary; and (h) the area expressed in (i) hectares to three decimal places if the land is more than one hectare in extent; or (ii)hectares to four decimal places if the land is one hectare or less in extent. (2) The numerical data mentioned in sub-regulation (I ) shall not be inscribed within the figure itself, but shall be neatly tabulated in the columns provided on the deed plan form. (3) In the tabulation of the numerical data under this regulation, the comer points of the figure shall be referred to consecutively in clockwise order. 12th August, 2020 447 50.-{ 1) The co-ordinates furnished on one and the same document shall, Co-ordinates in all cases, be referred to the same origin and axes which shall be shown outside the figure where possible. (2) The co-ordinates given on any document shall be expressed in the same unit of measure as that in which the sides are expressed. (3) In the statement of co-ordinates the Eastings shall always appear in the left hand column and the Northings in the right hand column. (4) On a deed plan of any land the survey of which has been based on geodetic stations, such fact shall be recorded against the coordinate column by the letters "UTM''. (5) Where the co-ordinates recorded on a deed plan have been reduced by a constant quantity, such constant shall be inserted above the column containing the correspondingly reduced co-ordinates. (6) When the survey of the land is not based on geodetic stations, the co-ordinates shall be computed using the direction of True North, determined as prescribed in regulation 23, as one of the axes of the system and as the zero bearing. 51. The sides, bearings and area given on any deed plan shall be numerically consistent with the co-ordinates recorded thereon as far as the limitations prescribed in regulation 50 shall allow. 52.-{l) When the survey of any piece of land is based on geodetic stations, the direction of North shall be indicated on every deed plan by a straight line and shall be designated by the words "Grid North" or the letters "GN". Limits of inconsisiency How to indicate North (2) When a survey of any piece of land is not based on geodetic stations, the direction of the North shall be indicated on every deed plan by a straight line and shall be designated by the words "North" or the letter ''N". (3) The North bearing shall point as nearly as possible at right angles to and towards the top of the deed plan and the line indicating it shaJI be drawn, if possible to the left and clear of the figure. 53. In all cases, the topographical features mentioned in regulation 30 Topography shall be (a) clearly and accurately shown on the deed plan; (b) represented with special care in the neighbourhood of beacons; and (c) represented in the manner prescribed in the Third Schedule herero. 54. The names of all important rivers and mountains within or adjacent Names of to the limits of the land surveyed shall be given on the deed plan. river:5 etc. to be given 55. When a river, stream or water furrow is taken as a boundary of the Direction of property being surveyed, the direction of the flow of the water shall be rivers indicated by an arrow head. 448 12th August, 2020 Direction of roads and railways Irregular boundaries Limits of the figure to be clearly described Land to be designated by a name or number Locality to be stated 56. Where a main road, railway or important thoroughfare is shown by a surveyor on a deed plan of any land surveyed by him, he shaU state against the lines representing it, but not within the figure, the name of the nearest town or place of importance in each thoroughfare is shown by a surveyor on a deed plan of any land surveyed by him, he shall state against the lines representing it, but not within the figure, the name of the nearest town or place of importance in each direction through which such road, railway or important thoroughfare passes, indicating by an arrow the direction in which such town or place of importance lies. 57.-(l) Where a river, stream, watercourse, wall, cliff or other permanent natural or artificial feature of ground forms a boundary of a piece of land, it shall be distinctly recorded in the verbal definition of the figure whether the right or left bank or middle of such river, stream or water course the north, east, south or west edge or middle of the wall or upper or lower edge of the cliff is the boundary. (2) Where a boundary between two pieces of land is ill-defined or unsatisfactory and it is in the interests of all parties concerned that a boundary of another character be substituted for it, the Surveyor General may permit such last named boundary to be adopted in a survey for registration purposes in lieu of the first named boundary, provided that he is satisfied that it is so close thereto that no material alteration in the area of either piece of land shall have taken place by reason of the substitution, and provided further that the owners of all properties contiguous to that boundary have signed an agreement, as nearly as practicable, in accordance with Form Til in the Seventh Schedule hereto accepting the new boundary. 58. Every deed plan shall contain a clear description of the limits of the figure representing the land and in such description shall be recited, clockwise in the order in which they occur, the names of each of the beacons at the comer points and a description of the curvilinear boundaries, if any. 59.-(1) The land represented shall be distinguished on a deed plan (a) in the case of a piece of land which is the subject of a deed not previously registered in the Deeds Registry or Lands Registry and not being a lot in a city, municipality or township, by a name, letter or number to be approved by the Surveyor General; (b) in the case of a lot in a city, municipality or township which is not a subdivision of an existing lot, by a number which shall be allocated by the Surveyor General; and (c) in the case ofa subdivision ofa piece of land in respect of which a deed has been registered in the Deeds Registry, by a lot number, which number shall be distinct from the number allocated to any other subdivision of the same parent property. (2) The name or number by which a lot is designated shall be quoted on the deed plan in the space provided and not written within the figure. 60. A deed plan shall clearly state in which region, district and locality the land is situated and the number of the sheet of the 1 :50,000 map series 12th August, 2020 449 which depicts the area, or in the case of a plot in a city, municipality or township the number of the sheet in the I :5,000 or I :2,500 map series, where such exist. 61. Where any part of a piece of land depicted on a deed plan is subject Easements to an easement or right of way, such easement or right of way shall be clearly and rights of depicted on such deed plan. way 62. As a help to its future identification, there shall be given a concise Beacons to description of each beacon of the figure, for example-- be described (a) IOm.m. iron peg in concrete and cairn; (b) drilled hole in rock and cairn; (c) lOmm. iron peg in concrete near fence post; or (d) iron standard (comer fence post). 63.--{t) When no rectilinear boundary of a subdivision coincides, in Connecting whole or in part, with a boundary of the land being divided and the surveyor data does not submit, at the same time, deed plans of adjoining subdivisions from which connecting data can be deduced, there shall be furnished on the deed plan of the subdivision, in addition to the other data required, the sides and angles of direction of a quadrilateral figure formed by connecting two beacons of the subdivision to two suitably situated beacons of- · (a) the subdivided property; (b) a former subdivision of the subdivided property; or (c) a railway, road or easement traversing the subdivided property, if a survey of such property is filed in the Surveyor General's office and if the survey of the subdivision is based on the geodetic control and the survey of the land being divided was also based on the geodetic control, such connection need not be shown. (2) (a) When a sub-divisional beacon is placed on a boundary of a piece of land being subdivided and the surveyor does not submit the at the same time deed plans of adjoining subdivisions from which connecting data can be deduced, the distances to both terminals shall be recorded on the deed plan and a beacon of adjoining land, such as is referred to in regulation 26( I )(a) and (b), shall rank as a terminal for the purpose of this sub-regulation; and (b) in exceptional circumstances, if a surveyor is able to prove that a sub-divisional beacon is on the boundary of the land being divided, and where the position of both terminals have not been determined by survey, the distance from the sub-divisional beacon to the nearer terminal only need be recorded. (3) The connecting figure prescribed in sub-regulation (1) sha11 be indicated on the deed plan or plan by an inset and sufficient information shall be given on this inset to ensure the identification of the beacons to which the survey is connected. (4) The connecting data shall be shown either on the inset or tabulated. (5) The plot of the connecting figure shall not necessarily be to scale and the connections shall be indicated by dotted black lines. 450 \. 12th August, 2020 Composite deed plans Erasures Approved deed plans Untidy and dilapidated plans Deed plans to be signed and dated When a working plan rs required Animal to be kept under control Material to be used Margins 64. Any deed plan framed for transfer purposes which represents land stemming from more than one original deed or parcel shall indicate clearly the extent of each piece of land and the deed or parcel from which it stems. 65.-(1) (a) Erasures shall not be allowed on any deed plan submitted for approval; (b) any alteration or amendment of the numerical data, or of the description of the figure, shall be effected by ruling out the incorrect data or words and by writing in the correct data or words above or next to those ruled out; and (c) each amendment or alteration shall be initialed by the surveyor responsible, in a special case, by the Surveyor General in his discretion and the initials shall be placed in the margin opposite the correction, preferably in the right hand margin. (2) In the framing of any deed plan, prick marks shall not be used for the purpose of transferring to it from any other plan or deed plan the positions of curvilinear boundaries or topographical features of the ground and the position of buildings and the beacons and stations used in the survey may, however, be transferred by means of a pricking needle. 66. After a deed plan has been approved, no alteration of any nature whatsoever shall be made on it except by the Surveyor General with the consent of the surveyor responsible. 67. The Surveyor General may refuse to approve a deed plan where he consider that it is in a dilapidated condition or that it is framed in a careless or untidy manner, or on unsuitable material, or that by reason of amendments or by the addition of any matter other than that required by these Regulations, or for any other cause, its general appearance has been spoilt. 68. Every deed plan of land framed from survey shall bear the date of such survey and shall be signed by or .shall indicate the surveyor who effected the survey. PART VfII-WORKlNG PLANS 69. A working plan shall be submitted for the purpose of record with every survey submitted for approval. 70.-(1) All working plans shall be framed in a good quality drafting film or other durable transparent material approved by the Surveyor General. (2) Working plans shall be framed on sheets no larger than AO. 71. A clear space of not less than S centimetres in width, unencumbered with writing of any kind, shall be left along the edge of a working plan. 12th August, 2020 451 72. Subject to the provision of regulation 48 (2), a working plan shall Scales be plotted on such scale as will permit all prescribed details to be clearly shown thereon. 73.---(1) The provisions of regulations 41 to 43, 45 to 63 and 65 to 68 which are applicable to a deed plan shall, mutatis mutandis, apply to the whole figure represented on a working plan and to figures representing several lots. (2) ln respect of figures representing several lots, the following shall apply Data and details to be recorded on the working plan (a) sides and bearings shall be recorded within the figure when it is feasible to do so without endangering their legibility, provided that (i) it shall not be necessary to furnish data on both sides of a common boundary; (ii) bearings may, if more convenient be recorded on the street side of the line if common to a street, provided that the regulation, which shall be applicable to all such bearings namely that the value of the bearing when recorded within any figure shall always be regarded as the clockwise direction of the relevant side of the figure, shall be observed. (b) the designation of each lot shall be written within the figure representing it; (c) the area of each Jot shall be shown; and (d) the width of each street, roadway or lane when uniform shall be shown. (3) The following information shall also be recorded on the working plan (a) the position and name or other designation and rectangular coordinates to 3 decimal places of every station, traverse point and reference mark fixed or used in the survey; (b) all lines used in the determination ofa curvilinear boundary; (c) the position and rectangular coordinates to 3 decimal places of all beacons and land marks or other indications of comer points which the surveyor has determined or placed in the course of the survey; and (d) an explanatory inset where it is necessary to depict details which cannot be shown distinctly at the scale of the plan or which cannot be shown conventionally, e.g. fences other than those on boundaries, unsurveyed cemeteries, etc. · 74.---(1) AU boundaries shall be drawn on working plans in black. How to show data and (2) All lines, the lengths of which have been measured, and all direction details lines used in the determination ofa curvilinear boundary shall be drawn in red and where the measured line is a boundary line, the measured line shall be shown in red alongside the black. (3) Beacons placed in the course of the survey shall be indicated by small black circles. 452 12thAugust, 2020 Conventional signs to be used on plans Working plans to be signed and dated Survey records ( 4) A II beacons found and adopted in a survey shall be indicated by two concentric circles in black. (5) All beacons found and not adopted in a survey shall be indicated by two concentric circles in black with a line drawn through them. (6) Traverse stations and survey stations shall be indicated by red circles, and where such points are permanent marks or found from a previous survey by two concentric circles in red. (7) Any base measured for the purpose of the survey shall be indicated on the working plan by two parallel lines in red. (8) Each station of the trigonometrical pillar shall be indicated by a small circle inscribed in a triangle both in black. (9) Reference marks shall be indicated by crosses inscribed in circles both in black. (10) The Easting and Northing coordinate axes ofa survey based on the geodetic network shall be represented by well-defined continuous fine blue lines at intervals of not more than 20 centimetres and the value of each line shall be stated at its extremities. (11) Where two or more points are in such close proximity that the required details cannot be clearly shown on the working plan, they shall be plotted at a larger scale in an inset thereof. 75. In any working plan, conventional signs shall be used in accordance with the Third Schedule hereto. I l 76. Every working plan shall bear (a) the date of the survey and shall be signed by the surveyor who carried out the survey under the following certificate "Surveyed in (month, year) by me (or under my personal supervision) . land Surveyor" ;and (b) the certificate of the Surveyor General at the bottom right hand corner. PART IX-SURVEY RECORDS 77. The survey records referred to in under this Part shall be (a) the original field book or a printout or a copy from electronicaUy recorded observations in a format approved by the Surveyor General; (b) the computations; (c) the working plan or the general plan; (d) the deed plan; (e) a report which shall be in the form prescribed in the Sixth Schedule hereto; and OOth August, 2020 453 (f) such other plans, photographs and documents as the Surveyor General may require. 78.-{l) The computations in respect of surveys shall be made generally Computations in the form prescribed in the Fourth Schedule hereto, provided that other presentations shall be acceptable if approved by the Surveyor General. (2) Every surveyor shall by his computations apply an efficient check to every part of his survey and such checks shall be clearly indicated by means of cross references or concise statements. (3) The computations shall be clearly and legibly written in ink on only one side of the paper, whose dimensions shall approximate to A4 size paper save where electronic print- out data is submitted. (4) Each computation sheet shall be numbered and reference shall be made in the computations to the page or pages in the field book from which the data for the computations have been obtained. (5) Any electronic print-out data shall be supplemented or annotated where necessary to give a clear picture of the method of survey computation. (6) The computations of every survey shall include Ca) a complete list of final coordinates of every point fixed or adopted in the survey, and reference shall be made on the list to the page ofcomputations on which the coordinates have been computed and to the pages of the field book on wh.ich reference is made to the point; and (b) a consistency calculation in respect of each parcel of land represented on the working plan or deed plan. (7) The rectilinear, curvilinear and total areas shall be given with the consistency calculation. 79. In all surveys which include previously surveyed rectilinear Comparison boundaries, a comparison shall be made between the data thereof as ofdata determined in the new survey and the respective data furnished on the original plans and such comparison shall be in the form ofa drawing on which original data shall be shown in black and the data determined in the new survey shall be in red. PART X-GENERAL PLANS 80. Surveys that are required to be submitted to the Surveyor General When a under regulation 3 (I) but are exempted from approval under regulation 3 (2) general plan shall be accompanied by a general plan. is required 81. The provisions of Part Vlll of these Regulations shall apply to general plans subject to the following exceptions (a) lines measured for the purpose of placing or checking beacons need not be shown; and (b) a clear written definition of the limits of the figure representing the land shall appear on the plan only in the case where the land contains a curvilinear boundary or where the possibility of ambiguity arises. Data and details to be shown on a general plan 454 12th August, 2020 Survey records to accompany the general plan Survey records retained by the surveyor Alternative format for a general plan Reference numbering for a general plan and its records Alterations to a general plan 82. The survey records that shall be submitted together with the general plan shall be as followS (a) a report which shall be in the form prescribed in the Sixth Schedule hereto· (b) the sketch plan or such other diagram that may have accompanied the request for the survey to be carried out; (c) original field book and computations; (d') a complete list of final co-ordinates of every point fixed or adopted in the survey and reference shall be made in this list to the page of the computations on which the co-ordinates have been computed and to the pages in the field book on which reference is made to the point; (e) a consistency calculation in respect of each parcel of land represented on the general plan: (j) a report which shall be in the form prescribed in the Sixth Schedule hereto; (g) the sketch plan or such other diagram that may have accompanied the request for the survey to be carried out; (h) original field book and computations; and (i) a complete list of final co-ordinates of every point fixed or adopted in the survey and reference shall be made in this list to the page of the computations on which the co-ordinates have been computed and to the pages in the field book on which reference is made to the point. 83. Other records retained by the surveyor, especially the original field book and the computations, shall be filed safely by the surveyor for a period of twelve years and shall be unambiguously referenced to the records of the general plan submitted to the Surveyor General. 84. Notwithstanding regulations 80 to 82, where it is necessary to frame a general plan for some special purpose not fully provided for in under this Part, the Surveyor General may, on the application of the surveyor required to frame any such general plan, and on the submission by such surveyor of a description of what is required to be included, direct that a form other than the one prescribed in this Part be used in the preparation of such general plan. 85. A general plan and its accompanying records shall be filed by the Surveyor General and be assigned a unique reference number. 86. After a general plan has been filed by the Surveyor General, alterations to the data on the plan may only be made by the Surveyor General, upon written application by a surveyor pointing out such errors or omissions that need to be corrected and, accordingly, space shall be reserved on a general plan in which alterations made to the general plan shall be described and the Surveyor General shall sign and date the description added thereto. 12th August, 2020 455 87. The Surveyor General shall update Cadastral Index upon the receipt Surveyor of general plan. Ge~era l to maintain Cadastral index 88. Limits of accuracy as specified in regulation 25 shall apply to Limits of surveys leading to the production of general plans. accuracy 89. Save where specific exceptions have been made in this Part, the Survey conduct of the survey and preparation of records leading to the production of procedure a general plan shall be the same as that leading to the production of a working plan or deed plan. 90.--( I) When required, a registration diagram for a parcel of land may Registration be drawn from a general plan upon from which it is depicted. diagrams (2) (a) Registration cliagrams shall conform with Part IX pertaining to deed plans provided that the words "deed plan" shall be replaced wherever they occur by the words "registration diagram."; and (b) the deed plan diagram in the Fifth Schedule hereto shall be amended as followS (i) the words "deed plan" shall be replaced wherever they occur by the words "registration diagram"; (ii) the Government emblem shall be replaced by an alternative emblem or logo relating to an organization stipulated in the Fifth Schedule hereto; (iii) the letters "SD" shall be replaced wherever they occur by the letters "GP"; and (iv) the certificate statement by the Surveyor General shall be replaced by the following statement "I certify that this registration diagram conforms with the original Plan No. GP/. Registered by the Surveyor General and that numerical data shown above are mutually consistent. Land Surveyor City/Municipality/Town: . Date: . (3) Every registration diagram shall be signed by a surveyor and shall bear the date of signature. (4) A written consent shall be obtained, where possible, whenever the registration diagram is to be signed by a surveyor other than the surveyor who signed the original general plan from which it was framed. (5) The original copy of the registration diagram shall be given a distinctive number by the Surveyor General after which it shall be filed safely by the issuing organization. (6)-(a) After a parcel of land has been duly registered by the Deeds 456 12th August, 2020 92. Orthophoto or aerial, satellite and large scale topographic maps approved by the Surveyor General sha11 be used for the identification of physical features. 93. The boundary of a land parcel shall be marked on Orthophoto or aerial and satellite imagery, and large scale topographic maps during demarcation and field verification of land parcels. Demarcation 94. The demarcation and field verification of land parcels shall be and field carried out in the presence of all parties. verification of I and parcels Nature of general boundaries Identifying physical features Verifying land parcels Registrar or the Land Registrar, no alteration of any nature whatever shall be made to its registration diagram, except by the Surveyor General with the written consent, where possible, of the surveyor responsible; (b) any alteration or amendment of the numerical data, or of the written description of the figure, shall be effected by ruling out the incorrect data or words and by writing in the correct data or words above or next to those regulations out; and (c) each amendment or alteration shall be initialed by the Surveyor General and the initials shall be placed in the margin opposite the correction, preferably in the right hand margin. PART XI-DEMARCATION OF CUSTOMARY ESTATES 91. Visible and identifiable natural or man-made features surrounding a piece of land parcel shall be used as a general boundary. Use offixed 95. Notwithstanding regulations 91 to 94, fixed boundaries shall be boundaries applied in all boundaries where it is impossible to demarcate land parcels using genera] boundaries. Plotting of tittle plans 96. All title plans shall be plotted on A4 or A3 paper. Individual and 97. A title plan shall show individual land boundaries and contiguous contigu?us land land properties. properties Unique number of land parcels Content ofa title plan 98. A land parcel in a title plan shall be assigned a unique number. 99. A title plan shall contain the following­ (a) locality; (b) approximate area of the land parcel; (c) north arrow; (d) scale; (d) name of the registered land surveyor; (f) signature of the registered land surveyor; and 12th August, 2020 457 PART XIl-MEASUREMENT BY GNSS 100.---( I) Every GNSS receiver, including Drones, shall be registered Registration with the Surveyor General before it may be used for measurement in any ofG NSS survey and mapping work. receivers and drones (2) The Surveyor General shall check the GNNS receiver, software and data collection, down loading and processing methodologies before registration. (3) Any subsequent changes or revisions that are incorporated into the processing software shall be notified to the Surveyor General and the Surveyor General may call upon the surveyor to demonstrate its operability. 101.---(1) Upon receiving an application under regulation 117, the Surveyor General shall specify the type of surveys for which the equipment may be used. (2) Before granting a registration number, the Surveyor General shall test the equipment over a standard base or by other methods. (g) an extract of the land parcel and contiguous properties from the registry map. Specification of survey done with receiver 102. A practismg licensed surveyor shall provide to the Surveyor Approval of General, for his approval, the geodetic coordinate transformation parameters ~ansfonna that have been used in a GNSS receiver or in data processing. non I parameers 103. Geodetic survey controls shall be established by (a) static survey positioning method for national geodetic controls; or Establishing geodetic survey tools (b) real time kinematic survey positioning method for small projects and other controls. 104. Cadastra1, engineering and other types of surveys shall be carried Method of out in real time kinematic survey positioning method or any methods cadastral etc. approved by the Surveyor General. surveys 105. Beacons in a cadastral survey shall be placed in real time kinematic survey positioning method with a base receiver on a known survey control and placing checks shall be carried out from another known survey control. J 06. Data downloading, processing and analysis shall be carried out following software recommended procedure and the Surveyor General shall check and approve the software. 107.-(1) A practising licensed surveyor shall submit survey records to the Surveyor General including (a) a summary of geodetic coordinate transformation parameters; (b) the field book record of setup parameters; and (c) the final coordinates from the GNSS receiver. Placing beacons in cad astral surveys Approved data software Submission of survey records 458 12th August, 2020 Format of generated field book 108. The format of the generated Field Book shall depend on the data downloading and processing software used by the practising licensed surveyor and the Surveyor General shall check and approve the software. PART XIII-MISCELLANEOUS Surveys of land 109. A survey of public land for grant, lease or easement purpose, or a on behalf of survey of any land on behalf of the Government, shall not be undertaken, Government except upon written instructions issued by the Surveyor General. Surveyor General not liable for cost of any document officially required 110. Any plan, report or other document required by the Surveyor General in accordance with these Regulations shall be deemed to be an essential part of the survey, and the cost thereto shall form a part of the cost of such survey. Replacement of 111. Where a surveyor has replaced a lost beacon he shall report lost beacon to forthwith the circumstances to the Surveyor General and shall submit to him, ~:/;~~~/0~Y for examination and permanent filing, the survey records to such replacement. Plan to be in duplicate Tariff for surveys Surveyor General lo be taxing officer 112. Where a plan or sketch, of which the return is desired, is submitted to the Surveyor General in illustration of a letter or report, it shall be in duplicate, or shall be drawn on transparent material from which a print can be made. 113. The minimum charges for any .services performed by a surveyor under these Regulations shall be in accordance with the tariff of fees prescribed in the First Schedule hereto. 114. The Surveyor General shall, in case of a dispute, exercise all the functions of a taxing officer in relation to fees charged by surveyors for performing the several acts which are permitted or required under the Act or these Regulations to be performed by surveyors. 115. The Board shall, in case of dispute, exercise all the functions of an assessment officer in relation to fees charged by surveyors for performing the several acts which are permitted or required under the Act or these Regulations to be performed by surveyors. Accounts for 116. Accounts for survey work done on behalf of Government shall be Government . submitted in duplicate to the Surveyor General in such form as he may surv~ys co be m require. duplicate Board to be assessment officer Applicatton for 117.-{l) An application for licence to practice as a surveyor shall be licence addressed to the Chairperson of the Board. (2) Every applicant shall forward his application fee as prescribed in the Seventh Schedule hereto together with a signed declaration as prescribed in Form I in the Seventh Schedule hereto. (3) The form of licence to be issued shall be as prescribed in Form II in the Seventh Schedule hereto. 12th August, 2020 459 118. A licence shall be not transferable and shall be personal to the Licence to be holder. personal 119. The annual fees prescribed in the First Schedule hereto shall be Annual fee due and payable to the Surveyor General, in advance, on or before the 1st January of each year. 120.-(1) Every surveyor shall furnish the Surveyor General with his Notification address and shall promptly notify the Surveyor General of any change of ofpostal address within twenty-one days of the change of address occurring. address and specimen (2) Every licensed surveyor shall furnish the Surveyor General with a signature specimen of his signature. 121. In the event of a surveyor ceasing to practice in Malawi, he shall Notification notify the Surveyor General to that effect and shall furnish an address for ofcessa~ion reference. of practice 122. Every surveyor shall, during the course of any survey being carried out by him, inform all owners and occupiers of the land which be is surveying and of any land contiguous to such land that it is their duty to take all necessary steps to preserve all survey marks, of whatsoever nature, situated within or on the boundaries of their land and that no such survey mark may be removed, damaged or destroyed. 123. Where a boundary between two pieces of land is ill defined or unsatisfactory and it is in the interest of all parties concerned that a boundary of another character be substituted for it, the Surveyor General may permit such last named boundary to be adopted in a survey for registration purposes in lieu of the first named boundary, provided that he is satisfied that it is so close thereto that no material alteration in the area of either piece of land shall have taken place by reason of substitution, and provided further that the owners of all properties contiguous to that boundary have signed an agreement, in accordance with Form 3 of the Seventh Schedule hereto accepting the new boundary. 124. The Land Survey Rules are hereby revoked. Preservation of beacons by landlords Unsatisfactory boundary Revocation G.N. l23/1973 FIRST SCHEDULE TARI.FF OF FEES PART-l BASIC CHARGES FOR CADASTRAL SURVEYS TN FIXED BOUNDARY SYSTEM The basic charges for the survey of pieces of land included in the same survey and surveyed at the same time, which shall include the charge for (a) the construction of beacons as prescribed in these Regulations; (b) clearing traverse lines and triangulation stations; 460 12th August, 2020 (c) the supply of survey records, reports, and plans as prescribed in these Regulations shall be Lot size I hectare or less 1 ha-5 ha 5 ha-10 ha 10 ha-20 ha 20 ha-100 ha I 00 ha-500 ha 500 ha-1,000 ha Over 1,000 ha Charge K200, 000 K350, 000 K500, ODO K550, 000 K30, 000 per ha minimum K600, 000 Kl 5, 000 per ha minimum K2, 500,000 Kl 5, 000 per ha minimum K7, 500,000 KIO, 000 per ha minimum K15, 000,000 (d) the lot charge shall be reduced by (i) 10% in the simultaneous survey of21-50 lots; (ii) 20% in the simultaneous survey of 51-100 lots; (iii)30% in the simultaneous survey of 101-150 lots; (iv)40% in the simultaneous survey of over 200 lots or more; (e) if the combined area of several lots under simultaneous survey should exceed 1,000 ha then the charge for each lot shall be calculated at K8,500.00 per ha; and (j) the charge for plots with more sides than a basic plot shall be increased by I% of the basic charge per side. PART-II CHARGES FOR TRAVELLING; TRANSPORT AND SUBSISTENCE l. Travelling: A charge for travelling shall be made at the rate of K20, 000.00 per hour. 2. Transport: A charge for transport shall be made at the prevailing cost of a litre of petrol per kilometer. This charge shall take into account the distance to and from the work from the surveyor's base and distance necessarily traveled in the course of the survey. 3. Examination: A charge for Survey Examination shall be 5% of the basic charge of Survey Fees and shall be borne by the surveyor engaged. The charges for resubmission of the turned survey shall be I 0% of the basic fees. 4. Subsistence: A charge for subsistence shall be 30% of the basic survey charge. A charge of the prescribed rate for one return journey to the work place of surveyor (for a journey actually made) shall apply to a survey that lasts for a continuance period of at least thirty days. 12th August, 2020 461 PART-ill BASIC CHARGES FOR SURVEYS IN SPORADIC GENERAL BOUNDARY SYSTEM Lot size 1 hectare or less 1 ha-5 ha 5 ha-10 ha .. 10 ha-20 ha .. 20 ha- I 00 ha .. 100 ha-500 ha 500 ha-1,000 ha Over 1,000 ha .. Charge K 30,000 50,000 100,000 200,000 300,000 500,000 750,000 1,000,000 PART-IV CHARGES FOR TOPOGRAPHIC SURVEYS K 300,000.00 400,000.00 per ha 500,000.00 per ha Less than l ha .. I ha up to IO ha .. 10 ha or more Charges for linear topographic surveys Detail picking Road .... Pipeline or sewage Provision of coordinates and levelling data Benchmark or Survey Control 30,000.00 per km 45,000.00 per km. 20,000.00 per km. Other charges n topographic survey charges Part II above applies 1000.00 per station PART-Y I . Charges for data products CHARGES FOR MAPPING PRODUCTS Description Unit Cost (MK) Aerial Photograph (a) Local 10,800.00 (b) Foreign currency 30.00 USD Imagery square km 15,000.00 Digial Spatial Data Megabyte 5,000.00 Photo Mosaic/Overlap 15,000.00 ~~-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 462 12th August, 2020 Description Unit Cost (MK) Auto positive Film Under 12 x 12 8,600.00 Lithographic Film-Negative /positive Under 12 x 12 per square foot 10,000.00 Film Diapositive 10,000.00 Plain D.P. Forms (S) 5,000.00 Plain D.P. Forms (L) 7,000.00 Printing of D.P. 5,000.00 Computation Forms per 500 10,000.00 2. Charges for Diazo/Sepia Copies Size Cost (MK) AO 8,000.00 Al Size 5,000.00 A2 Size 4,000.00 A3 Size 3 000.00 A4 Size 2,000.00 3. Charges for printing of maps on Sepia Film Size/Scale Cost(MK) Lake Charts AO Paper 25,000.00 Printing on A 1 paper 20,000.00 Printing on A3 paper 8,000.00 Printing on AO paper 20,000.00 Printing on AO Film 25,000.00 4. Charges for printing of Maps Size Compilation (MK) !Printing Cost(MK) AO Size 25,000.00 40,000.00 A 1 Size 20,000.00 30,000.00 A2 Size 15,000.00 10,000.00 A3 Size 10,000.00 8,000.00 A4 Size 8,000.00 5,000.00 5. Charges for Printing Deed Plans and Survey Drawings Size Printing Cost(MK) A4 Size 5,000.00 A3 Size 10,000.00 Al Size 10,000.00 AO Size 20,000.00 12th August, 2020 463 SECOND SCHEDULE FIELD BOOK S.R.NO . AME OF SURVEYOR: GNSS RECEIVERS: Base Receiver Type: . Serial Number: . Registration Number: . Rover Receiver Type: . Serial Number: . Registration Number: . OTHER SURVEY INSTRUMENT (a) Type: . Serial Number: . Registration Number: . (b) Type: . erial Number: . Registration Number: . District: . Date of Survey: . THIRD SCHEDULE CONVENTIONAL SIGNS TO BE USED ON DEED AND WORKING PLANS Party Wan 8ttNn Pipe LIM f>urtlle Pllnt11lon Gretn Power Um, BrO'M\ RailwayUne Black Fe-nces I Brown 464 12th August, 2020 I 1 Spring Road Roadway, Street or Lami Servitude of Right of Way Subterranean Pipe Une Bladt. bflill- •• ···· Telegr~ er T9iephc>M Une Btawn Tr~. Surv.y Station Sf: Dambo Water Furrow W, Windmill Purple, " • Tr, a • • Meutred Base Red e.D.M. line Muaurec:IUne Contoure Embankment 12th August, 2020 465 FOURTH SCHEDULE LIST OF CO-ORDINATES U.T.M. REFERENCES COORDINATES BEACON DESCRIPTION F/P or E metres N STATION Cales. Field CONSTANT Book Station'-Bluff ABSTRACT OF OBSERVATIONS F.B. pages 7, 8 0 ' " ' " " Sanjika 149 41 38 38 38 38 Lamp 154 48 43 45 45 44 Nancholi 196 57 14 17 16 16 Y 120 234 33 05 04 06 05 Micbiru 359 49 06 09 08 08 Nyambadwe 96 42 35 40 34 36-1 R.O. 140 41 49 40 38 39-1 I 466 12th August, 2020 1 2 3 4 5 6 7 8 9 0 ' " " " .. " " " " Bluff Sanjika 149 41 38 +2 40 43 +03 42 0 40 Lamp 154 48 43 +2 46 48 Nancholi 196 57 14 +4 20 21 +OJ 22 0 20 Y 120 234 33 05 +4 09 11 0 09 Michiru 359 49 06 - I 07 09 -3 04 Nvambadwe 96 42 35 +3 38 40 -I 37 +02 BEARING SHEET l Station 2 Approx. spheroidal bearing 3 t-T 4 Approx. plane bearing 5 Oriented forward bearing 6 Oriented back bearing 7 Final correction 8 Final plane bearing 9 Provisional correction FIFTH SCHEDULE .... -·-··-····-··-· Region .............................. Ol$tril;:t ·····-·-··· locollly Pie~ . MALAWI DEED PLAN No -··-·--·-·----·-·· SCALE ), ~l!.<!o... Oe,partment or Sur"'•YI AfcNve Reftrunc• Roglst,y Map ·-······· Original Pl•n No. so, , ·-····-·-· "' ·-- -·--·-· ·-·-·-·--··· ·-·- --·--- Survoyod by··-···-· ·--·-·--·-·- --·-·-·•· ··--· ···· SIDES ANO BEARINGS 8Nain Disbnce, Bearlno Bucon Description COORDINATES (U.Te,M·l N mid ,a;.a rtd •••-,nts. Hed*-'H ofl111d 0r-n bJ-----------­ Chtoel.t4 r,'t·-· -· ·--- ·----- ----·-····~ I Oll'llfy tha11nll dHd pillr, u,-tom11 with tht Olft,n•I "liln Mo. ID----··-- . .,.,..,., . · 1pp,·owd b)',.,... SU"-'•~00'" Gentoral •nd ilfUd: l\utnerl<:.al NI• ui-n abow ..- • .. 11.ay -Ml1,t8,M Sll'v.ryocGe,nnJ LlonQWO .. ····-~·· ---·-·20 12th August, 2020 467 SIXTH SCHEDULE REPORT ON SURVEY Land Surveyor: . Date of Survey: . Survey: 1. Purpose (a) Title (Land Settlement, Public, Township, RaiJway, etc.). (b) New (amended) Title. S.R. No.: . (c) Sub-division, with T.P.O. approval. (a) Sub-division with owner's conditions (give particu Jars). (e) Replacement Beacons. (j) Servitude (access, irrigation, etc.). (g) . 2. Method (a) Triangulation based on (i) Trig. (ii) Previous survey. (iii)Measured base. (b) Traverse based on (i) Trig. (ii) Previous survey (state closure) (iii)Local system. (c) Combination of (a) and (b) . 3. Computational Basis (a) Co-ordinates (i) Trig. (ii) Previous survey. (iii)Local system. (b) Bearings (i) Trig. (ii) Previous survey. ( i ii)Com pass. (iv) Scaled. (v) Astro. 4. Found Beacons (a) Draw attention to unusual circumstances, e.g., scattered stones, no peg, concreted by owner, fence, post, etc. 468 12th August, 2020 (b) Full details of alignment tests and results of same. State what lines adopted and why. 5. Placed Beacons including replacements (a) Computation: (i) Fixed on previous survey. (ii) On what line? (iii)How checked? (b) Field Work: (i) Fixed on main survey. (ii) Direct observation. (iii)Subsidiary traverse. (iv)How checked? 6. Comparison of Data: Give Sketch showing original data in Black of Data and Survey Data in Red. Other data may be shown in any other colour except green. 7. Replaced Beacons: Give details as for Placed Beacons and state reasons for choice of position. Include sketch especially if complicated, e.g., in Townships. 8. Curvilinear Boundaries: (a) Field Control (b) Computations (i) Taped traverse. (ii) Tachy Traverse. (iii)Aerial photos (iv) Various methods. (State traverse closures.) 9. Unusual Occurrences: (a) Field Give details of mis haps to flags, instruments, alterations, etc. (b) Computations, re-orientations, etc. I 0. Conclusion SEVENTH SCHEDULE LAND SURVEYORS REGISTRATION BOARD FORM lA 12th August, 2020 469 APPLICATION FOR A LICENCE TO PRACTICE AS A LAND SURVEYOR TO: The Chairperson Land Surveyors Registration Board l, SIM No: apply for a licence or to be considered a candidate to undergo examinations to be awarded a license to practice as a Licensed Surveyor in Malawi. I enclose herewith: ( 1) A statutory declaration; (2) Certified copies of educational/professional qualifications; (3) A register of approved and major jobs carried out; (4) A letter from the supervisor; and (5) Evidence of payment of an application fee My personal particulars are as follows: (I) Residential Address: · . (2) Telephone No: : . (3) Cell phone No: . (4) Email Address: . Signature of Applicant Date B: The candidate is requested to submit the original copies of his transcript, birth certificate, passport or National ID to the Secretary of the Board for verification. Originals will be promptly returned. LAND SURVEYORS REGISTRATION BOARD FORM IB STATUTORY DECLARATIO I, do solemnly and sincerely declare that I will discharge the duties of a land surveyor carefully and without partiality, fear, favour or affection, and will conform to all Regulations defining those duties which are now in force, or shall hereafter be established by a competent authority. Declared before me at.. . this day of. , 20 . Commissioner for Oaths 470 12th August, 2020 LAND SURVEYORS REGISTRATION BOARD FORM IC APPUCATION FOR REGISTRATION AS SURVEYING TECHNICIAN TO: The Chairperson Land Surveyors Registration Board 1, . . . . . . . . . . . . . .. .. . .. . . . . .. . .. . .. .. .. . . . . . . . . . . . . .. . SIM NO: having complied with the requirements as provided for in the Land Survey Act 2016 hereby apply to be registered as a Registered Surveying Technician from 1st January to 31st December 20 . r enclose herewith: ( 1) A statutory declaration; (2) Certified copies of Certificates or Diplomas; and (3) Evidence of payment of registration fee My personal particulars are as follows: ( l) Residential Address: . (2) Telephone No: . (3) CellphoneNo: . (4) Email address: . Signature of Applicant Date NB: The candidate is requested to submit the original copies of his birth certificate, passport or National JD to the Secretary of the Board for verification. Originals will be promptly returned. LAND SURVEYORS REGISTRATION BOARD FORM ID APPLJCATlON FOR REGISTRATION AS GRADUATE SURVEYOR TO: The Chairperson Land Surveyors Registration Board 1, SIM NO: having complied with the requirements as provided for in the Land Survey Act 2016 hereby apply to be registered as a Graduate Surveyor from lst January to 3 lst December 20 . l enclose herewith: (]) A statutory declaration; (2) Certified copies of educational/professional qualification; and (3) Evidence of payment of registration fee 12th August, 2020 471 My personal particulars are as follows: (I) Residential Address: . (2) Telephone No: . (3) Cell phone No: . (4) Email address: . . . . . . . . . . . . . . . . . . . . . . . . ~ . Signature of Applicant Date NB: The candidate is requested to submit the original copies of his birth certificate.passport or National 10 to the Secretary of the Board for verification. Originals will be promptly returned. LAND SURVEYORS REGISTRATION BOARD FORM IE APPLICATION FOR REGISTRATION AS LICENSED SURVEYOR TO : The Chairperson Land Surveyors Registration Board I, . . . . . . . . .. . .. . . . .. .. .. . .. .. .. . .. .. .. .. .. . . . . . . . . . . . SJM NO: .. . .. . .. .. . . . . . . . . having complied with the requirements as provided for in the Land Survey Act 2016 hereby apply to be registered as a Licensed Surveyor from 1st January to 31st December 20 . J enclose herewith: (1) A statutory declaration; (2) Copy of license to practice as Land Surveyor; 3) Certified copies of educational/professional qualification; and (4) Evidence of payment of registration fee y personal particulars are as follows: (I) Residential Address: . (2) Telephone No: . (3) Cell phone No: . ( 4) Email address: . Signature of Applicant Date NB: The candidate is requested to submit the original copies of h is birth certificate, passport or National lD to the Secretary of the Board for verification. Originals will be promptly returned. 472 12th August, 2020 LAND SURVEYORS REGISTRATION BOARD FOJ ,,i rr APPLICATION FOR REGISTRATION AS REGISTERED SURVEYOR TO: The Chairperson Land Surveyors Registration Board I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SIM NO: . . . . . . . . . . . . . . . . . . having complied with tbe requirements as provided for in tbe Land Survey Act 2016 hereby apply to be registered as a Registered Surveyor from 1st January to 31st December 20 . 1 enclose herewith: (1) A statutory declaration; (2) Certified copies of educational/professional qualification; and (3) Evidence of payment of registration fee (l) Residential Address: . (2) Telephone No: . (3) Cell phone No: . (4) Email address: . ················································· Signature of Applicant ··································· Date NB: The candidate is requested to submit the original copies of his birth certificate, passport or National ID to the Secretary of the Board for verification. Originals will be promptly returned. LAND SURVEYORS REGISTRATION BOARD FORM JJA LN . LICENCE TO PRACTICE AS A LAND SURVEYOR IN MALAWI This is to certify that... having satisfactorily proved his qualifications as a land surveyor and having been successful in the examination set by the Board, is hereby awarded a license to practice in Malawi as provided for in the Act. Dated this day of ,20 . .................................................................. BOARD CHAlRPERSON 12th August. 2020 473 FORM IIB LAND SURVEYORS REGISTRATlON BOARD ST-RC No: . CERTIFICATE OF REGiSTRATrON AS SURVEYING TECHNIClAN This is to certify that.. having fulfilled the prescribed requirements of the Land Survey Act 2016 to the satisfaction of the Board is hereby registered as Surveying Technician in Malawi and authorized to practice as provided for in the Act. Dated this day of , 20 . BOARD CHAIRPERSO FORM nc LAND SURVEYORS REGISTRATION BOARD GS-RC No: . CERTIFICATE OF REGISTRATION AS GRADUATE LAND SURVEYOR This is to certify that... having fulfilled the prescribed requirements of the Land Survey Act 20 16 to the satisfaction of the Board is hereby registered as Registered Graduate Surveyor in Malawi and authorized to practice as provided for in the Act. Dated this day of , 20 . BOARD CHAIRPERSON FORM IID LAND SURVEYORS REGISTRATION BOARD LS-RC No: .............•...... CERTIFICATE OF REGISTRATION AS LICENCED LAND SURVEYOR This is to certify that Survey License o.: having fulfilled the prescribed requirements of the Land Survey Act 20 I 6 to the satisfaction of the Board is hereby registered as Registered Licence Surveyor in Malawi and authorized to practice as provided for in the Act. Dated this day of , 20 . BOARD CHAIRPERSON FORM III We, the undersigned (a) Owner of (b) 474 12th August, 2020 " " 2 3 4 5 ,, ,, ,. , and owner of the piece of land under survey called certify that we have inspected the beacons and boundaries common to our said properties as adopted in the survey of the last-named piece of land by Mr./Mrs./Ms (Surveyor). And we declare that we agree and consent to the positions of the beacons and boundaries as represented and described on the figure appearing on the opposite page, and consent to a deed plan being framed in accordance therewith. Date Signature (c) and (d) Beacons and boundaries Witness to signatures indicated on figure on (!} opposite page hereby and agreed to (e) Notes (a) Names in full (these should be clearly written in capital letters). (b) Names of contiguous properties. (c) Only one signature to be written within each compartment. (d) Signature on behalf of estates, companies, municipalities or similar bodies must be duly authenticated by attachment of letters of administration, certified copies of resolutions of boards or councils or other similar documents. Signatures or powers of attorney must be accompanied by the actual powers of certified copies, Original documents will be returned after being noted by Surveyor General. (e) Where a river forms the boundary, the left bank, right bank or middle of the river (as the case may be) must be indicated and signed for. (j) Two witnesses are required to each signature. The page containing the figure referred to in the agreement to be headed: Description of Beacons and Figure Representing Land under Survey and Common Beacons and Boundaries of Contiguous Properties; and at the foot the following note to be made: Note- This page must be signed for by the surveyor performing the survey and the beacons and boundaries must be designated on the figure so as to correspond with the bea­ cons and boundaries agreed to on the opposite page. A person who intends to carry out an aerial survey of any land in Malawi shall at least thirty (*30) days before the survey is carried out notify the surveyor general in writing on his intention to cause the survey to be made. The surveyor general shall check any aerial image for quality control before use. 12th August, 2020 475 f EIGHTH SCHEDULE LICENCING AND REGISTERlNG SURVEYORS FEES (reg.113) K (I) Registration/renewal fee for surveying technician .. 50,000.00 (2) Registration/renewal fee for graduate surveyor 100,000.00 (3) Registration/renewal fee for licensed surveyor 200,000.00 (4) Application for a license (examination) 200,000.00 (5) Annual license fee 250,000.00 Made this 24th day of July, 2020 (RLENO.: LHUD/dl) K. K. MsUKWA Minister of lands Printed and Published by THE GOVERNMENT PRINTER, Lilongwe, Malawi--6395---(Price K3,500.00)