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The Role
of a Surveyor
The importance and numerous benefits of
consulting a Commissioned Land Surveyor |
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Who is a Land Surveyor?
- A person of a high standard of
education
- Accepts full responsibility for
his/her decisions and for the work of others
under his/her
direction
- A professional Surveyor is
competent to apply his/her fundamental education and training to
the analysis and solution of surveying problems
- Exercises original thought and
judgment
- The Surveyor’s work is
predominantly intellectual
- Through his/her education and
training he/she should have acquired a broad and general
appreciation of the knowledge which constitutes the profession
of
a Land Surveyor
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Contact a Surveyor
WHY?
- To avoid paying for the wrong lot.
- To avoid building on the wrong lot.
- To avoid putting the road or driveway in the most costly location.
- To make the most economical use of the construction site.
- To know who to contact for rights of way.
- To make the most intelligent presentation of your use project.
- To avoid infringing many land use laws, regulations and encumbrances.
WHEN?
- Engaged in any transaction concerning land.
- Locating a house, outbuilding, garage, fence.
- Developing or subdividing land.
- Preparing map for feasibility studies, etc.
- Planning farm water supply or irrigation.
- A dispute over land boundaries occurs.
- A topographical plan or contour is required.
- Registering rights of way and other easements.
- Registering lease of land.
- Layout of construction projects, roads and highways.
- Establishment of volumes in earthworks.
- Relocation of a boundary.
- Sewage and drainage layout.
- Expert Testimony concerning land measurement is required.
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Re-establishment of Boundaries
WHAT?
What is a relocation survey?
A relocation survey is one of the many important services provided by a
Commissioned surveyor as your land consultant.
Location surveys involve the precise identification of established land
boundaries. Knowledge of the exact boundaries of your land will help you
avoid expensive encroachment disputes and ill-will between you and your
neighbours.
Where encroachment has already occurred your surveyor can help rectify
the problem.
Replace boundary pegs which have become dislodged or misplaced by workmen
for any reason whatsoever.
Place additional survey marks consistent with the corners being repegged.
Prepare a plan of the resurveyed boundaries if requested.
WHO?
Who can provide this service?
Only a Commissioned Land Surveyor can legally restore the boundaries of your
land. Your Commissioned Surveyor has the requisite training and experience
to undertake relocation surveys of your land for minimum expense. As a
professional, your Commissioned Land Surveyor is also well qualified to provide
advice where a dispute over land boundaries has already occurred and if
required, provide expert testimony in court.
WHEN?
When is relocation needed?
A relocation survey should be conducted before you engage in any activity
that could involve you in a dispute over legal boundaries.
Contact a Commissioned Land Surveyor to avoid unnecessary expense
and delay when:
- Purchasing property.
- Developing or subdividing your property.
- Making minor improvements to your property.
- Erecting a fence or wall.
- Constructing a building.
- Excavating near a boundary.
- Undertaking Major Capital Works.
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Sale or Purchase of Land
Your house and land may represent your largest assets.
If you are contemplating purchasing property, you should know as much
as
possible about the price of land you are going to invest in. For
your own peace
of mind, you need a Commissioned Land Surveyor to define
the legal boundaries
and verify that the survey pegs are in place. Each
sale agreement should require
that the survey marks be located prior
to the sale. You have a right to see
the boundary peg before you purchase,
and it is in your interest to do so.
DEVELOPING A SECTION
If you consider developing a section of your property, it is prudent
to determine
the exact boundaries before you begin. Survey marks may
be misplaced, displaced
or difficult to locate and boundaries are not
necessarily consistent with fences
or hedges.
Excavation works on hill sides, on or too near the boundary, may affect
the
stability of your neighbour's property and make you liable to damages.
Even minor home improvements and the building of a car port can be
a source
of expensive litigation and ill will, and there are numerous
cases of breach of
distance covenants requiring modification at great
cost in the supreme courts.
Be sure, therefore, to avoid the pitfalls
be early action. Contact a Commissioned
Land Surveyor for redefinition
of your boundaries before you commence
development.
RE-FENCING A BOUNDARY
Many property owners, after a while, seek to erect more substantial
fencing. Workmen invariably remove the survey marks in the process of
excavation
of wall footings and so cause substantial fences to be of
uncertain location.
Before the new fence, hedge or wall is erected,
have a redefinition of boundary
done.
CONSTRUCTING A BUILDING OR MAJOR CAPITAL WORKS
If you plan to construct a building, you should first contract your
Commissioned Surveyor. He should be the first professional on the site.
He should
first redefine the boundaries, then verify that the level
referred to in the title is
the same level you claim as your own.
You may now require of him, a topographic plan showing orientation,
prevailing
winds, etc.
It should be noted that certificates of title do not always show exactly
the
space available on earth, and to proceed with designs before the
Surveyor is
brought in, could result in costly delays.
When large expenditure is being made for infrastructure and other engineering
works, it is imperative that the boundaries be redefined. Using a fence
as a guide
to approximate boundaries, can have expensive consequences.
The cost of
redefining these boundaries is always an insignificant fraction
of the project cost
and ensures against expensive litigation and compensation
for encroachments.
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Survey Marks
Survey marks are protected under the law. Nevertheless, it is in the
interest of
each property owner to locate the ones affecting his property
and see to their
proper maintenance and preservation, and promptly contact
your
commissioned surveyor for replacement as soon as a mark id damaged
or
replaced. The Land Surveyors Association strongly recommends that
constant vigilance be exercised by property owners in preservation of
survey boundary marks against excavators with heavy machinery, encroachers
and vandals, and in so doing save himself much cost and many sorrows
later.
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The Law
The Commissioned Land Surveyor Practices under Law 31 of 1942, Law 16
of
1944 and the Land Surveyors Regulations of 1971, which require accurate
results
of him or her at the expense of a licence to practice.
Surveyors now also practice under the Land Surveyors
Amendment Act. 2005. Any person who has a complaint of negligence or professional misconduct
may
refer the matter to the Land Surveyors Board for redress and any
person who
falsely holds himself out to be a Commissioned Land Surveyor
is guilty of an offence.
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Fees
Every Commissioned Surveyor shall, subject to any special agreement
to the
contrary, be entitled to recover such fees as may be agreed with
the client.
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Engagement of a Surveyor
There are Commissioned Land Surveyors located in the following major
towns: Kingston, Spanish Town, May Pen, Mandeville, Savanna-la-mar,
Montego
Bay, Falmouth, Ocho Rios, and Port Antonio. Advice on the selection
of a firm
of surveyors, an individual surveyor in or near your district
or information about
the Association and the work and training of its
members may be obtained
from:
members may be obtained from:
The Secretary
The Land Surveyors Association of Jamaica
Suite #9A
The Trade Centre
30-32 Red Hills Road
Jamaica W.I.
Tel: (876) 754-6912/754-6913
Fax: (876) 920-3650
E-mail: lsaj@cwjamaica.com
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