SURVEY LAW
ARRANGEMENT OF SECTIONS
SECTION
CHAPTER S18
CHAPTER S18
SURVEY LAW
A Law to amend and consolidate the Law relating to the Survey of Lands.
(7th February, 1953)
[Commencement.]
No map, plan or diagram of land—
(a) if prepared after the 1st day of June, 1918, shall be accepted for registration with any registrable instrument which is required by any written law to contain a map, plan or diagram; and
(b) if prepared, after the 20th day of October, 1897 shall, save for good cause shown to the court, be admitted in evidence in any court, unless the map, plan or diagram has been prepared and signed by a surveyor or is a copy of a map, plan or diagram so prepared and signed and is certified by a surveyor as being a true copy.
(1) Where a licensed surveyor prepares any map, plan or diagram which is to be annexed to, or form part of, any registrable instrument, he shall—
(a) insert the date of completion of the preparation of the map, plan or diagram at the foot or other conspicuous part thereof; and
(b) within one month of the date of completion, submit a copy of the map, plan or diagram to the State Surveyor-General.
[1977 Decree No. 22.]
(2) The Surveyor-General shall, on receipt of any of the documents provided for under subsection (1) above, issue a certificate of deposit to the licensed surveyor on payment of a fee of fifty kobo.
(3) Any licensed surveyor who fails to submit to the State Surveyor-General the documents provided for under subsection (1) above shall be guilty of an offence and shall on conviction be liable to a fine not exceeding forty naira.
(4) The Surveyor-General shall keep proper record of any map, plan or diagram so submitted to him pursuant to this section and shall ensure its safe custody and shall make it available to members of the public for inspection.
Any person who practices or professes to practice the profession of surveying, not being a surveyor, shall be guilty of an offence and shall be liable to a fine of one hundred naira in respect of each transaction in which he was engaged, and shall not be entitled to sue in any court for remuneration in respect of a survey, plan, map or diagram made by him.
(1) For the purposes of any public survey the Surveyor-General or any surveyor authorised by him may enter upon any land with such assistants as may reasonably be required, and may affix or set up or place thereon or therein trigonometrical stations, survey beacons, marks or poles, and do all things necessary for such survey.
(2) The surveyor shall, when practicable, give reasonable notice to the owner or occupier of the land of his intention to enter thereon.
Compensation shall be payable out of the public revenues to the owner of any crops or trees cut or damaged in the exercise of any of the powers conferred by section 6; and if any question shall arise as to the amount of compensation to be paid or the right of a claimant to recover compensation, such question shall, in default of agreement between the Surveyor- General and all persons concerned, be finally determined by a magistrate on application made by the Surveyor-General or any person authorised by him in that behalf, or by any person claiming to be entitled to compensation under the provisions of this subsection:
Provided that no such application shall be granted if it is by a person claiming to be entitled to compensation and is made more than thirty days after the date on which the crops or trees in respect of which the claim is brought were cut or damaged.
Any surveyor may, for the purposes of surveying any land which he is employed to survey, enter on and pass over any land, whether private or public, causing as little inconvenience to the owner or occupier of such land as is consistent with his duties.
Any unauthorised person who shall wilfully obliterate, remove or injure any trigonometrical station, survey beacon, mark or pole or any boundary mark affixed, set up or placed for the purpose of any public survey or any survey ordered by a court shall be liable to a fine of forty naira or to imprisonment for three months or to both, and in addition may be ordered to pay the cost of repairing or replacing the thing obliterated, removed or damaged and of making any survey rendered necessary by the act for which the conviction is had.
(1) It shall be the duty of the owner and the occupier of any land on or in, or on the boundaries of which any trigonometrical station, survey beacon, mark or pole has been affixed, set up or placed, to preserve such trigonometrical station, survey beacon, mark or pole and forthwith to report to the nearest district officer if the same shall be obliterated, removed or injured or shall require repair.
(2) Any owner or occupier failing to comply with the provisions of this section shall be guilty of an offence and shall be liable to a fine of ten naira.
(1) It shall be the duty of every chief or local government—
(a) to prevent the obliteration, removal or injury of any trigonometrical station, survey beacon, mark or pole or boundary mark within the local limits of his or its jurisdiction; and
(b) forthwith to report to the nearest district officer any such obliteration, removal or injury.
(2) Any chief or local government failing to comply with the provisions of this section shall be guilty of an offence and shall be liable to a fine of ten naira.
(1) Any person who, unless acting on the authority of the Surveyor-General, shall uncover any survey beacon or mark buried below the surface of the ground, or covered with earth, stone or other material, shall be guilty of an offence and shall be liable to a fine of forty naira.
(2) Any person who, having uncovered a survey beacon or mark with the authority of the Surveyor-General, shall neglect—
(a) in the case of a covered beacon or mark to cover the same in the prescribed manner; or
(b) in the case of a buried beacon or mark properly to fill up the hole with the same material as the ground or road under which the beacon or mark is buried, shall be guilty of an offence and shall be liable to a fine of forty naira.
Any informer on whose information a conviction is secured against any person of an offence under section 7 or section 10 of this Law or under section 458 of the Criminal Code may, with the approval of the Commissioner, be paid a reward not exceeding ten naira out of the public revenues.
If any owner or occupier of any land, or any other person, being ordered in accordance with the provisions of this Law to perform any act, fails to perform such act within a reasonable time, the officer who gave the order may, after giving notice to such owner, occupier or other person of his intention so to do, cause the act to be performed; and the expenses incurred in such performance shall be payable by such owner, occupier or other person.
Any person who wilfully obstructs, hinders, resists or threatens any surveyor in the execution of his duty in or about the conduct of any public survey or any survey ordered by a court, or any workman or other person acting in aid of any such surveyor, shall be guilty of an offence and shall be liable to a fine of one hundred naira or imprisonment for six months or both.
Any sum due under the provisions of this Law may be sued for and recovered by the Surveyor-General or any person authorised by him by action in any court of competent jurisdiction.
(1) The Surveyor-General may by notice in the Cross River State of Nigeria Gazette delegate any of his functions under this Law to any officer of the Survey Division by name or office, except the function prescribed by this section.
(2) Any such delegation shall be revocable at will and no delegation shall prevent the exercise by the Surveyor-General of any function.
The Commissioner may make regulations for—
(a) prescribing the manner in which surveys are to be made, the records to be kept by licensed surveyors and the manner of keeping the same;
(b) prescribing the manner of the demarcation of boundaries in connection with surveys;
(c) with regard to plans of survey and their preparation and the matters to be shown thereon;
(d) with regard to the publication, issue, service and form of notices to be published, issued or served under this Law or regulations made thereunder;
(e) prescribing the returns to be made by licensed surveyors to the Surveyor-General;
(f) requiring surveyors to report to the Surveyor-General matters connected with surveys on which they are engaged or with previous surveys, ascertained by them during the course of their work;
(g) for securing the maintenance of boundary marks in their correct position and the preservation of the same;
(h) providing for the checking of surveys alleged to be erroneous and for the incidence of the expenses of such checking;
(i) providing for the checking and correction of tapes and instruments used by surveyors;
(j) providing for and regulating the inspection and the taking of copies of plans of surveys in any office of the Survey Division;
(k) prescribing the fees which may be charged for services rendered by the Survey Division;
(l) prescribing any other matters which this Law requires or authorises to be prescribed;
(m) generally for giving effect to the purposes of this Law.
In this Law—
“licensed surveyor” means a surveyor licensed under the Survey Act or under any Act providing for such licensing which was in force at any time before commencement of the Survey Act;
“owner” in relation to any land, means any person receiving rents or profits from any tenant or occupier thereof whether on his own account or as agent or trustee for any other person or who would receive the same if the land were let;
“public survey” means any survey made for the purpose of defining the boundaries of any land which is owned by the State or any public authority or in which the State or any public authority possesses or disposes of any interest, or any survey which forms part of the general survey of Cross River State or of any part thereof;
“registrable instrument” means any document relating to land the registration of which is required by any written law;
“Survey Division” means the Survey Division of the Ministry of Town Planning;
“surveyor” means a licensed surveyor or an officer of the Survey Department authorised by the Surveyor-General to carry out surveys;
“Surveyor-General” means the Surveyor-General of the Survey Division and, in relation to any function delegated to an officer of the Survey Division under the provisions of section 17, includes such officer.
This Law may be cited as the Survey Law.
CHAPTER S18
SURVEY LAW
SUBSIDIARY LEGISLATION
List of Subsidiary Legislation
SURVEY REGULATIONS
CONTENTS
Citation
PART 1
Definitions
PART 2
Field Survey Methods
PART 3
Demarcation
PART 4
Survey Plans, Records and Information Regulations
PART 5
Private Applications for Survey to the Surveyor-General
PART 6
Miscellaneous
SCHEDULE
FORMS
INDEX
Regulation
Angle irons ………………………………………………………………………………………………… 11
Angular observations …………………………………………………………………………………… 5 (a)
Areas—
Calculation …………………………………………………………………………………………… 5 (e) (iv)
Representation ………………………………………………………………………………………. 31 (j)
Azimuths—
Accuracy ……………………………………………………………………………………………… 5 (b)
Datum ………………………………………………………………………………………………….. 6
Beacons 10-29
Construction …………………………………………………………………………………………. 10-13
Conterminous boundaries ……………………………………………………………………….. 7, 17
Damage, etc., reporting ………………………………………………………………………….. 26, 28
Definition …………………………………………………………………………………………….. 2
Inside building ………………………………………………………………………………………. 10 (c)
Intervals ……………………………………………………………………………………………….. 16
Minimising …………………………………………………………………………………………… 8
Mining, defining area …………………………………………………………………………….. 12
Mound (Cairn) ……………………………………………………………………………………… 11
Mining, construction ……………………………………………………………………………… 24
Numbering …………………………………………………………………………………………… 14
Obstacles to ………………………………………………………………………………………….. 10 (d), 18
Preservation …………………………………………………………………………………………. 25
Re-establishing ……………………………………………………………………………………… 17, 29
Uncovering …………………………………………………………………………………………… 48, 49
Bearings—
Computations ……………………………………………………………………………………….. 5 (e) (i)
Misclosures ………………………………………………………………………………………….. 5 (a)
Representation ………………………………………………………………………………………. 31 (e)
Boundaries—
Blazed trees on ……………………………………………………………………………………… 20
Clearing, width ……………………………………………………………………………………… 19
Conterminous ……………………………………………………………………………………….. 7
Curved, avoidance of …………………………………………………………………………….. 22
E.P.L., disagreement with plan ……………………………………………………………….. 24 (d)
Linear accuracy …………………………………………………………………………………….. 3
Mining …………………………………………………………………………………………………. 24
Objections to ………………………………………………………………………………………… 23
Railway ……………………………………………………………………………………………….. 21 (i)
Road ……………………………………………………………………………………………………. 21 (ii)
Building Lines, representation ………………………………………………………………………. 31 (e) (iv)
Cairns ……………………………………………………………………………………………………….. 11
INDEX—continued
Catenary taping …………………………………………………………………………………………… 5 (c) (ii)
Certification of plans …………………………………………………………………………………… 38
Checking—
Responsibility for payment …………………………………………………………………….. 45
Computations ……………………………………………………………………………………………… 5 (e)
Inspection of ………………………………………………………………………………………… 34
Concrete, preparation …………………………………………………………………………………… 13
Connections ……………………………………………………………………………………………….. 4
Representation ………………………………………………………………………………………. 31 (e) (ii), 33
Conterminous boundaries …………………………………………………………………………….. 7
Co-ordinates—
Computation …………………………………………………………………………………………. 5 (e) (iii)
Plotting ………………………………………………………………………………………………… 31 (b)
Country lands—
Beaconing large areas ……………………………………………………………………………. 11
Definition …………………………………………………………………………………………….. 2
Curves, avoidance of …………………………………………………………………………………… 22
Datum, checking …………………………………………………………………………………………. 6
Detail, survey of …………………………………………………………………………………………. 31 (f)
Entry upon land ………………………………………………………………………………………….. 47
E.P.L disagreement of beacons and plan ………………………………………………………… 24 (e)
Erasures …………………………………………………………………………………………………….. 5 (d) (ii)
Excavations—
Authority for ………………………………………………………………………………………… 48
Warnings of …………………………………………………………………………………………. 49
Field Books ………………………………………………………………………………………….. 5 (d)
Inspection …………………………………………………………………………………………….. 34
Forms—
Approved ……………………………………………………………………………………………… 5 (e) (v)
Modifications of ……………………………………………………………………………………. 51
Grids, rectangular ………………………………………………………………………………….. 31 (b)
Information to licensed surveyors ……………………………………………………………. 39, 40
Inspection of plans ………………………………………………………………………………………. 35
Investigations of surveys ……………………………………………………………………………… 34
Liability for payment …………………………………………………………………………………… 46
Licensed surveyors’ surveys …………………………………………………………………………. 45
Office checking ………………………………………………………………………………………….. 34
Judgments of court, plans for ………………………………………………………………………… 32 (2)
Licensed surveyors—
Checking charges ………………………………………………………………………………….. 45, 46
Information to ………………………………………………………………………………………. 39, 40
Investigation of work …………………………………………………………………………….. 34, 42 (2), 46
CAP. S18
Survey Law
S18 – 9 [Issue 1]
INDEX—continued
Licensed surveyors—continued
Plans for court judgments ……………………………………………………………………….. 32 (2)
Purchase of plans ………………………………………………………………………………….. 37
Tape standardisations …………………………………………………………………………….. 50
Registrable plans …………………………………………………………………………………… 32 (i)
Linear measurements—
Accuracy ……………………………………………………………………………………………… 5 (c) (i)
Computations ……………………………………………………………………………………….. 5 (e) (ii)
Corrections to ……………………………………………………………………………………….. 5 (c) (iii)
Representation ………………………………………………………………………………………. 31 (e)
Local origin ……………………………………………………………………………………………….. 4 (2)
Mining areas—
Beacon ………………………………………………………………………………………………… 12
Boundaries …………………………………………………………………………………………… 24
E.P.L., Plan at variance with beacons ………………………………………………………. 24 (e)
Scales of plans ……………………………………………………………………………………… 31 (i) (i), (ii)
Offsets—
Irregular boundaries ………………………………………………………………………………. 9
Representation ………………………………………………………………………………………. 31 (e) (iii)
Original drawing …………………………………………………………………………………… 30, 31
Pegs, hardwood …………………………………………………………………………………….. 11
Plans ……………………………………………………………………………………………………. 30-40
Areas …………………………………………………………………………………………………… 31 (j)
Certification of ………………………………………………………………………………….. 38
Data on ………………………………………………………………………………………………… 1
Inspection …………………………………………………………………………………………….. 35
Judgments of court ………………………………………………………………………………… 32 (2)
Registrable instruments ………………………………………………………………………….. 32 (i), 33
Sale …………………………………………………………………………………………………….. 36, 37
Scales ………………………………………………………………………………………………….. 31 (i)
Preliminary fees—
Retention, withdrawal of application ……………………………………………………….. 43 (2)
Preservation of beacons …………………………………………………………………………. 25
Records of survey, calling for …………………………………………………………………. 34
Registrable instruments, plans ………………………………………………………………… 32 (i), 33
Scales of plans ……………………………………………………………………………………… 31 (i)
Standardisation ……………………………………………………………………………………… 50
Record of ……………………………………………………………………………………………… 5 (d) (iii)
Surveys—
Accuracy ……………………………………………………………………………………………… 3
Definition …………………………………………………………………………………………….. 2
Private …………………………………………………………………………………………………. 41–46
INDEX—continued
Title deed plans—
Copy of original to be supplied ……………………………………………………………….. 32 (i)
Data …………………………………………………………………………………………………….. 33
Town lands, definition …………………………………………………………………………………. 2
Traverses, accuracy …………………………………………………………………………………….. 3
Representation ………………………………………………………………………………………. 31 (e) (ii)
Trig connections …………………………………………………………………………………………. 4
SURVEY REGULATIONS
[Section 18. E.R. No. 12 of 1953.]
PART 1
Definitions
“beacon” means a permanent mark of any kind made of concrete, iron or stone, and includes a pillar or boundary post of such material;
“country lands” means all lands other than plots of less than ten acres inside or within one mile of the boundaries of a Municipality, urban country, Government station, town or country planning area, or local government settlement area;
“demarcation” means the marking of lines by beacons or blazed trees;
“survey” means any survey made in connection with any plan prepared under the Law for any registrable instrument or judgment or order of court;
“Survey Division” means the Survey Division of the Ministry of Town Planning;
“the Law” means the Survey Law;
“town lands” include all lands other than country lands.
PART 2
Field Survey Methods
(ii) When there are no available Government survey beacons, a local origin shall be established by a permanent beacon described by reference to neighbouring identifiable landmarks, to which local origin the survey of the parcel of land shall be connected.
(a) Theodolite Stations—
(i) Reading each station: 1 face right, 1 face left;
(ii) Maximum number of stations: “N” for closure of bearings: 30;
(iii) Maximum misclosure in bearings: 30″ x √ N;
(b) Azimuth—
(i) Reading each station: three separate sun or star observations; unless the latitude is certain within one minute of arc it shall be necessary to pair observations east and west of the meridian;
(ii) Maximum range in the 3 azimuth: 30″;
(c) Linear Measurements—
(i) Readings: to the nearest hundredth of a foot for theodolite traverse;
(ii) Method of taping: along the ground where the nature of the ground and the required standards of accuracy warrant such procedure, otherwise in catenary;
(iii) Corrections to measurements: to the nearest 1/100th of a foot for standard, slope, and, where necessary, temperature and sag, in the case of theodolite traverses;
(d) Field Books—
(i) All necessary measurements shall be entered in ink as they are made;
(ii) No erasures shall be made or pages torn out;
(iii) The contents shall include: surveyor’s name, title of survey, location, identity of instruments used, error of field tape and date of its standardisation, index and dates of observations, explanatory diagrams accompanying the observations wherever necessary, measurements to permanent features shown on or alongside the boundaries;
(e) Computations—
(i) Bearings: surveys by theodolite traverse shall be computed on True bearings, or on Colony bearings where connected to points of the main framework of Nigeria, reduced to the nearest 30″;
(ii) Lengths: corrected lengths shall be reduced to the nearest tenth of a foot preparatory to the computation of co-ordinates;
(iii) Co-ordinates: they shall be computed to the nearest tenth of a foot either by logarithms of not less than five figures or by calculating machine;
(iv) Areas: the area of a piece of land bounded by straight lines shall be computed arithmetically from the co-ordinates of the corners. The area enclosed between any irregular boundary and adjacent traverse line shall be computed as a series of trapezoids;
(v) Forms: all routine computations shall be made on forms approved by the Surveyor-General or on good quality foolscap paper similarly ruled.
PART 3
Demarcation
(a) at every change of direction: by concrete pillars (property beacons) measuring seven inches square in section with three inches above ground and two feet three inches below, and having a metal pin or spike in the center of the surface. The board arrow symbol, the letters P.B. and an identification letter and number shall be stamped on pillars emplaced by an officer of the Survey Division. Two identification letters and a number shall be stamped on pillars emplaced by a licensed surveyor, and when such pillars are incorporated in a survey made by an officer of the Survey Division, the broad arrow symbol shall be added;
(b) at intermediate corners in layouts: by concrete pillars (cemetery-type) measuring four inches square in section with three inches above ground and one foot three inches below and having a metal pin or spike in the center of the surface;
(c) inside a building: an “X” with identification number shall be cut or painted on the outside of the building at points it is intersected by the boundary. Officers of the Survey Division will use a double arrow;
(d) at an obstacle: if the beacon cannot be placed in the true position, an iron pin shall be set in concrete in the obstacle and the identification number stamped near the pin; if the obstacle is of such material that a pin cannot be sunk nor the number cut or stamped, a dot may be marked thereon along with the identification marks. The position of the pin or dot relative to the true position of the beacon shall be clearly shown in the field book;
(e) this regulation shall not apply to areas the subject of applications under the Minerals Act.
except the direct lining-in of cemetery-type beacons in regular layouts.
(ii) When a road forms a boundary, beacons shall be placed at all turning points of the road, and the boundary will be defined by the chords joining such beacons, which shall be placed to conform with existing regulations and by-laws defining the width of roads.
(iii) When a river constitutes a boundary, beacons shall only be placed at points between which such river is the boundary. These beacons must be placed on the river bank above flood level and the distances from the beacons to the river bank shown on the plan.
(a) the surveyed boundaries shall conform as closely as possible to the positions indicated by the applicant’s beacons;
(b) the surveyor’s ruling as to the positions of the beacons shall be final;
(c) the surveyor shall have entire discretion to alter the positions of the beacons to bring the area within the limit allowed under the Minerals Act if the area on survey is fond to exceed the said limit by not more than twenty percent;
(d) the surveyor shall report to the Surveyor-General if the area on survey is found to exceed by twenty percent, the maximum allowed under the Minerals Act, or if the area cannot be identified on the ground from the applicant’s plan and beacons;
(e) if, in respect of an exclusive prospecting licence granted on a survey made by the applicant or his agent, the area as beaconed is found to be at variance with the plan furnished by the applicant or his agent, the Surveyor-General may require the area to be surveyed by an officer of the Survey Division, and all charges for the survey shall be borne by the holder of the exclusive prospecting licence.
(a) a record of the accurate positions of the beacons as determined by the surveyor, accompanied by explanatory diagrams;
(b) descriptions of the beacons;
(c) particulars of development in the neighbourhood of the beacons and of any other evidence bearing on the matter.
PART 4
Survey Plans, Records and Information
(a) title of survey, description of land, locality, the name of the person or body for whom the survey is made, the signature and designation of the surveyor and the date;
(b) a grid in blue based on and defining either True North or Colony North for the local origin of the survey; all co-ordinated points of the survey shall be plotted by rectangular co-ordinates on this grid system. True North or Colony North, as the case may be, shall be written along a north and south line of the grid;
(c) the magnetic variation from True North, when the survey is made on Magnetic North;
(d) a description of the origin of co-ordinates;
(e) (i) demarcated boundaries: firm red lines where they do not follow lines of existing detail, and all round pink verge internal of the enclosed area. Different colours may be used for verges where it is necessary to distinguish conflicting claims or overlapping areas on the same plan;
(ii) other traverse lines, connections (inset, if necessary): blue lines;
(iii) offsets: black figures between arrows; bearings to the nearest minute and distances to the nearest tenth of a foot in appropriate colours for the above, the initial bearing adopted for the survey to be marked “I.B.”; bearings and distances deduced from the computations, not from direct measurements, to be the computations, not from direct measurements, to be marked “Cal.”; bearings and distances adopted from a previous survey to be marked “P.O.” (per original); astronomical determinations to be marked “Az.” (Azimuth);
(iv) building lines: firm blue lines marked “Building Line”;
(f) topographical and other detail occurring on any line run by the surveyor; also any detail required by the Surveyor-General or the person for whom the survey is made, along or within the boundaries of the parcel of land;
(g) the position and nature of all beacons and boundary marks whether permanent or temporary, including all Government survey beacons to which connection has been made or the co-ordinates and description of some point shown on the plan which is tied to such beacons, also any measurements to permanent features which will assist in locating the marks on the ground;
(h) adjacent lot names or numbers, if available;
(i) the scale of the plan with a graphic representation in feet; subject to such modifications as the Surveyor-General may authorise in particular cases, scales of plans showing property boundaries shall ordinarily be as follows—
(i) exclusive prospecting licences ……………………….. 1/25,000
(ii) mining leases and rights ……………………………….. 1/5,000
(iii) other plans ……………………………………………….. 1/240, 1/480,
1/1.200, ½,400,
1/4,800, 1/6,250,
1/12,500,
1/25,000;
(j) the area of each plot, to the following accuracy—
(i) building lots, and plots under 2 acres in square yards to the 2nd decimal;
(ii) plots from 2 to 10 acres in acres to the 3rd decimal;
(iii) over 10 acres, to 100 acres in acres to the 2nd decimal;
(iv) over 100 acres, to 1,000 acres in acres to the 1st decimal;
(v) over 1,000 acres to the nearest acre.
Conventional signs and symbols published by the Survey Division shall be used for the representation of details and beacons unless otherwise directed.
(2) A licensed surveyor preparing a plan which implements any judgment or order of court shall send two copies on tracing cloth to the Surveyor-General, together with a certified copy of the judgment or order of court.
(3) The cost of the plans and documents supplied under this regulation shall be borne by the person for whom the surveys are made.
Certified true copy of plan made by ……………………………………………………………………………….. of the Survey Division/Licensed Surveyor on ………………………………………………….. 20 ……………………………………………………………………
Date ………………………………………… 20 ……….. Surveyor-General/Licensed Surveyor
(2) Copies of plans of surveys made by officers of the Survey Division shall not be certified as true copies by licensed surveyors, and shall only be prepared and sold to the public by the Surveyor-General.
PART 5
Private Applications for Survey to the Surveyor-General
(2) For applications to the Surveyor-General to investigate alleged inconsistencies in an existing survey, the complainant shall, in addition to the above information, supply full details for the alleged inconsistencies and such other information as the Surveyor-General may require.
(2) The Surveyor-General may investigate or undertake any survey when he considers it in the public interest to do so, whether or not any application has been made to him to carry out the investigation or survey.
(2) If the application is withdrawn after the survey has been arranged, but prior to its completion, the Surveyor-General may in his discretion arrange for the preliminary fee prescribed by regulations made by the Commissioner from time to time, together with other charges incurred, to be paid to revenue.
PART 6
Miscellaneous
SCHEDULE
FORM 1
Notice to an Owner or Occupier
Take notice that you are hereby required to maintain in position and repair all boundary marks erected to define the boundaries of the land situated at …………………………………………………………………………………….
and described as follows—…………………………………………………………………………………………………………….
…………………………………………………………………………………………………………….
…………………………………………………………………………………………………………….
You are also required to give notice to the Surveyor-General or to the Local Government Secretary of your area if any of the said marks are injured, destroyed or removed.
Dated this …………………………………………………. day of ………………………………………………….. 20 ………..
…………………………………………………………………………………………………………….
Surveyor/Secretary Local Government
To …………………………………………………………………
………………………………………………………………………
………………………………………………………………………
FORM 2
Notice to a Local Government or a Chief
Take notice that you are required to prevent the obliteration, removal or injury of the trigonometrical stations, survey beacons, marks, poles or boundary marks on, or on the boundaries of, the land situated at ……………………………………………………………….. and described as follows—
…………………………………………………………………………………………………………….
…………………………………………………………………………………………………………….
……………………………………………………………………………………………………………
You are also required to report to the Surveyor-General or to the Divisional Officer of your district if any of the said stations, beacons, marks, poles or boundary marks are obliterated, removed or injured.
Dated this …………………………………………………. day of ………………………………………………….. 20 ………..
……………………………………………………………………….. …………………………………………………………………….
Surveyor/Secretary Local Government
To …………………………………………………………………..
………………………………………………………………………..
………………………………………………………………………..
FORM 3
Application for Survey or Demarcation to be Undertaken by the Survey Division
…………………………………………………………………………………………………………….
…………………………………………………………………………………………………………….
Dated this …………………………………………………. day of……………………………. 20 ………..
…………………………………………………………..
Applicant
To: The Surveyor-General Cross River State of Nigeria.
FORM 4
Notice to Applicant
You are hereby required to attend personally or by agent duly authorised by you in writing in the form set out below at……………………………………………………………… indicating to the officer of the Survey Division—
(a) the boundaries of the parcel of land on your application for survey;
(b) your corner and direction beacons upon your application for a mining lease, a mining right, an exclusive prospecting licence ………………………………………………………………………………….
acres/square miles near…………………………………………………………………..
You or your agent may be required to remain with the surveyor until the area is finally beaconed and marked.
Should the position of any boundary beacon as determined by the surveyor be in dispute, a written protest should be made to the surveyor who will forward it together with his report to the Surveyor- General.
You are requested to state whether it is your intention to supply all boundary beacons or materials, or that the Survey Division should provide beacons.
…………………………………… …………………………………………..
Signed Office
Date ………………………………………………. 20 ………… Cross River State Of Nigeria
Form of Authorisation
(If attending by Agent)
On behalf of (a) …………………………………………………………………………………………………………………………..
I hereby authorise (b) ……………………………………………………………………………………………………………………to accompany the officer of the Survey Division during the survey of …………………………………………………
(c)…………………………………………………………………………………………………………………………………………………………………………………………………………………. and, unless written protest is made by him to the surveyor at the time of survey, hereby accept the position of all boundary marks as determined by the surveyor.
I will/will not supply boundary beacons or materials for same for and on behalf of (d) ………………………………………………………………………………………………………………………………………………………………………………
Dated this …………………………………………………. day of ……………………………….. 20 ………….
…………………………………………………
Signature
FORM 5
Notice to Occupier before Entry for Survey Purposes
Take notice that I shall attend on …………………… the ……………………… 20 …………. between the hours of 6 a.m. and 6 p.m. upon your land situate at ………………………………………………………..
FORM 5—continued
for survey purposes connected with—
the property occupied by you;
adjoining property;
a public survey.
Dated this ……………………………….. day of ………………………… 20 ………..
………………………………………………………………………
Surveyor
To ………………………………………………………………….. Cross River State of Nigeria
………………………………………………………………………..
………………………………………………………………………..
FORM 6
Permission to Uncover Beacon
You are hereby given permission to uncover Government Survey Beacon No. …………………………………..
at………………………………………………………………………………………………………….
In order to comply with subsection (2) of section 12 of the Survey Law, it will be necessary for you to observe the following directions in restoring the covering.
Dated this …………………………………………………. day of ………………………………………………….. 20 ………..
………………………………………………..
Surveyor
To ………………………………………………………………….. Cross River State of Nigeria
………………………………………………………………………..
………………………………………………………………………..
SURVEY (FEES) REGULATIONS
CONTENTS
Citation
PART 1
Definitions
PART 2
Survey Fees
CAP. S18
Survey Law
S18 – 23 [Issue 1]
SCHEDULES
PART 1
Definitions
“beacon” means a permanent mark of any kind made of concrete, iron or stone, and includes a pillar or boundary post or such material;
“country lands” includes all lands which are not town lands;
“demarcation” means the marking of lines by beacons or blazed trees;
“Survey Division” means the Survey Division of the Ministry of Lands, Survey and Town Planning;
“town lands” includes plots not exceeding ten acres in extent lying or formerly lying within a Municipality, Country Council, Urban Country Council or Government station or within one mile of the boundary of a Municipality, Country Council or Government station.
PART 2
Survey Fees
(2) The Surveyor-General may waive a separate preliminary fee for each plot of land where two or more such plots are included in a single layout survey:
Provided that a single preliminary fee only shall be charged for an entire survey undertaken at the instance of a single owner or occupier.
*A surcharge of 15% has been imposed. See the Notification printed next after these Regulations.
SCHEDULES
FIRST SCHEDULE
Fees chargeable by Survey Divisions for surveys of parcels of land—
₦ k
Town Surveys ……………………………………………………………………………….. 10.00
Country Surveys ………………………………………………………………………… 16.00
Mining Surveys ………………………………………………………………………………… 16.00
Renewals and re-issues including part-surrenders and part-renewals ……………. 10.00
₦ k
Standing Property Beacons and Mining Beacons, each ………………………………. 1.60
Cemetery Beacons, other Beacons each …………………………………………….. 0.80
If all materials are supplied by applicant the charge will be ₦1 and 60k each respectively.
If a beacon is established in accordance with computed data the above rates shall be increased by 50 percent.
Level
Country ₦ k |
Broken or
Swampy country ₦ k |
Rugged
Country ₦ k |
|
Open, or lines properly cleared by applicant | 0.25 | 0.30 | 0.35 |
Thick grass, orchard bush, light forest, or built-up areas ……………………………………. | 0. 35 | 0.42 | 0.50 |
Medium forest ………………………………….. | 0.50 | 0.60 | 0.70 |
Heavy forest with dense secondary growth … | 0.70 | 0.85 | 1.00 |
Heavy forest with dense secondary growth or mangrove swamp ……………………………… | 1.00 | 1.25 | 1.50 |
Minimum fee ₦5 |
(a) of the transport of the survey party and stores to and from the survey; and
(b) the salaries, wages and allowances of the party for the time necessarily spent in travelling, shall be paid by the applicant.
Delays to the survey party caused by default of the applicant shall be paid for by him at time rates.
FIRST SCHEDULE—continued
For deed plans not exceeding 13″ × 8″ a standard charge of ₦3 shall be made. For plans exceeding the above size, charges shall be in accordance with the rates prescribed in paragraph 4 of the Second Schedule.
SECOND SCHEDULE
Fees chargeable by Survey Division for other survey services—
For checking the field books, computations and plan of every mining survey there shall be charged a checking fee of ₦6.30k plus 10 percent of the traverse charges for open level country plus 75k for each astronomical determination.
The checking of licensed surveyors’ field books, computations and plans shall be charged at time rates.
(1) A fee of ₦1.50k shall be charged for the countersignature by the Surveyor-General of a set of two copies of the original plan submitted by a licensed surveyor under regulation 3 of the principal Regulations.
(2) An additional fee of 50k shall be charged upon the re-submission for the Surveyor- General’s countersignature of each set of two copies of a plan submitted under paragraph (1) and referred back to a licensed surveyor for amendment.
₦3 shall be charged for the first 100 feet and 75k for each additional 100 feet or less. The cost of return postage shall be added to the above charges.
(a) Finished drawings
Time Rates: Minimum fee ₦6;
(b) Tracing of single plots
₦3 per square foot: Minimum fee ₦2;
(c) Other Tracings
Time Rates: Minimum fee ₦2;
(d) Lithoprints and Sunprints
Seven and a half kobo per square foot: Minimum fee 25k.
₦ k
(a) Areaup to 10 acres …………………………………………………………………… 0.50
(b) Over 10 acres …………………………………………………………………………… 0.70
(c) Over 100 acres …………………………………………………………………………. 1.00
SECOND SCHEDULE—continued
SURVEY (FEES) REGULATIONS
Notification of Surcharge
It is notified for general information that the Commissioner, in exercise of the powers conferred upon him by regulation 7 of the Survey (Fees) Regulations, has deemed it necessary, owing to a general increase in the level of costs, to add a surcharge of 15 per centum to the fees chargeable in accordance with provisions of the First and Second Schedule to the aforesaid regulations.