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CHAPTER S13, LAWS OF LAGOS STATE, 2015

SURVEY LAW

ARRANGEMENT OF SECTIONS

1.       Plans attached to registrable instrument or tendered in evidence to be signed by surveyor

2.       Submission of maps, plans and diagrams to State Surveyor-General

3.       Right to enter land for public survey purposes

4.       Compensation

5.       Power of surveyor to enter land

6.       Penalty for removing survey and boundary marks

7.       Duty of owners and occupiers in relation to survey marks

8.       Duty of chief, village head, and local government council

9.       Penalty for uncovering or neglecting to recover survey beacons or marks

10.     Reward to informer

11.     Execution of order at the expense of person disobeying it.

12.     Penalty for obstructing surveyors

13.     Recovery of moneys due

14.     Delegation of functions of Surveyor-General

15.     Power to make regulations

16.     Establishment of Surveyors Disciplinary Committee

17.     Duties of the Committee

18.     Power to convene meeting.

19.     Information on which to act

20.     Affidavit of allegation

21      Appearance of the licensed surveyor

22.     Evidence at inquiry

23.     Power to summon witnesses and order production of documents

24.     Disobedience to summonses, etc

25.     Inquiry may be held in absence of a licensed surveyor

26.     Decision of Committee

27.     Appeals

28.     Surrender of licence on suspension or cancellation

29.     Restoration of licence

30.     Repeal

31.     Interpretation

32.     Citation and commencement

SCHEDULES

SURVEY LAW

A LAW TO MAKE PROVISION FOR THE SURVEY OF LANDS AND THE ESTABLISHMENT OF SURVEYORS’ DISCIPLINARY COMMITTEE IN LAGOS STATE AND FOR CONNECTED PURPOSES

[1984 NO.8]

[Commencement]                                                 [11th October 1984]

1.      Plans attached to registrable instrument or tendered in evidence to be signed by surveyor

Any map, plan, or diagam signed and certified by a licensed surveyor will be-

(a)     accepted for registration with any registrable instrument which is required by any written Law to contain a map, plan or diagram; and

(b)     admitted in evidence in any court of law.

2.      Submission of maps, plans and diagrams to State Surveyor-General

(1)     Where a licensed surveyor prepares any map, plan or diagram which is to be annexed to or form part of any registrable instrument, the surveyor will-

(a)     insert the date of the preparation of the map, plan or diagram at the foot or other conspicuous part of it; and

(b)     within one (1) month of the date of completion, submit a copy of the map, plan or diagram to the State Surveyor-General.

(2)     The State Surveyor-General shall, on receipt of any of the documents provided for under subsection (l) above, issue a certificate of deposit to the licensed surveyor on payment of a fee of One Hundred and Twenty Five Naira (N 125.00).

(3)     Any licensed surveyor who fails to submit to the Surveyor-General the documents provided for under subsection (l) above commits an offence and on conviction will be liable to a fine of Ten Thousand Naira (N 10,0000.00).

(4)     The Surveyor-General will keep proper records of any map, plan or diagram submitted in pursuant to this Section, ensure its safe custody and make it available to members of the public for inspection.

3.      Right to enter land for public survey purposes

(1)     For the purposes of any public survey, the Surveyor-General or any authorised surveyor may enter any land with such assistants as may reasonably be required, and may affix or set up or place on it or in it trigonometrical stations, survey beacons, marks or poles, and do all things necessary for such survey.

(2)     The surveyor will, when practicable, give reasonable notice to the owner or occupier of the land of the intention to enter.

4.      Compensation

Compensation on land or any crops or trees cut or damaged in exercise of any powers conferred under this Law will be payable to the owner in accordance with the provisions of the Land Use Act.

[L.F.N. Cap. L60.1

5.      Power of surveyor to enter land

(1)     Any licensed surveyor may for the purpose of surveying any land, 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 their duties.

Provided that no licensed surveyor will demarcate or survey any State land or land acquired by the State Government without the prior consent in writing of the Surveyor- General and after the payment of the prescribed consent fee.

[1989 No.7]

(2)     Any licensed surveyor who contravenes the provisions of subsection (1) commits an offence and is liable on conviction to a fine of One Hundred and Eighty Thousand Naira (N 180,000.00) or to imprisonment for twelve (12) months.

6.      Penalty for removing survey and boundary marks

Any unauthorised person who wilfully obliterate, remove or injure any trigonometrical station, survey beacon, mark or pole or any boundary marks fixed, set up or placed for the purpose of any public survey or any survey ordered by a court is liable to a fine of Forty Five Thousand Naira (N45,000.00) or to imprisonment for three (3) months or 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.

7.      Duty of owners and occupiers in relation to survey marks

(1)     It is the duty of the owner and occupier of any land on the boundaries of which any trigonometrical station, suryey beacon, mark or pole has been affixed, set up or placed to preserve such trigonometrical station, survey beacon, mark or pole, and immediately to report to the nearest officer of the Survey Department if the same will be obliterated, removed or injured or will require repair.

(2)     Any owner or occupier failing to comply with the provisions of this section commits an offence and is liable to a fine of Forty Five Thousand Naira (N45,000.00).

8.      Duty of chief, village head, and local government council

(1)     It is the duty of every chief or village head in each locality or local government council-

(a)     to prevent the obliteration, removal or injury of any trigonometrical station, survey beacon, mark or pole or boundary mark within the local limit of their jurisdiction; and

(b)     immediately to report to the nearest officer of the Survey Department any such obliteration, removal or injury.

(2)     Any local chief or village head or local government council failing to comply with the provisions of this section commits an offence and shall be liable on conviction to a fine of Twenty Thousand Naira (N20,000.00).

9.      Penalty for uncovering or neglecting to recover survey beacons or marks

(1)     Any person who without the authority of the Surveyor-General uncovers any survey beacons or mark buried below the surface of the ground, or covered with earth, stone or other material, commits an offence and is liable on conviction to a fine of Forty Thousand Naira (N40.000.00) or to a term of imprisonment for six (6) months.

(2)     Any person who, having uncovered a survey beacon or mark with the authority of the Survey-General fails-

(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;

commits an offence and is liable on conviction to a fine of Forty Thousand Naira (N40,000.00) or to imprisonment for six (6) months.

10.    Reward to informer

Any informer on whose information a conviction is secured against any person of an offence under section 6 or section 9 of this Law or under section 458 of the Criminal Law of Lagos State may, with the approval of the Governor, be paid a reward not exceeding Twelve Thousand Naira (i*12,000.00) out of the public revenues.

[Cap. Cl7, No.11 of 2011.]

11.    Execution of order at the expense of person disobeying it

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 is payable by such owner, occupier or other person.

12.    Penalty for obstructing surveyors

Any person who wilfully obstructs, hinders, resists or threatens any surveyor in the execution of duty or about the conduct of any public survey or any survey ordered by a court, or any workmen or other person acting in aid of any such surveyor, commits an offence and is liable to a fine of Ninety Thousand Naira (N90,000.00 or imprisonment for six (6) months or both.

13.    Recovery of monies due

Any sum due under the provisions of this Law may be sued for and recovered by the Surveyor-General or any authorised person by action in any court of competent jurisdiction.

14.    Delegation of functions of Surveyor-General

(1)     The Surveyor-General may by notice in the State Gazette delegate any of his functions under this Law to any officer of the Survey Department by name or office, except the function prescribed by this section.

(2)     Any such delegation will be revocable at will and no delegation shall prevent the exercise by the Surveyor-General of any function so delegated.

15.    Power to make regulations

The Governor may make regulations in accordance with the Regulations Approval Law-

(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 surveys and their preparation and the matters to be shown on it;

(d)     with regard to the publication, issue, service and form of notices to be published, issued or served under this Law or regulations made in this Law;

(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 Department;

(k)     prescribing the fees which may be charged for services rendered by the Survey Department of Lagos State;

(l)      prescribing any other matters which this Law requires or authorises to be prescribed by him;

(m)    generally for giving effect to the purposes of this Law so far as the Surveyor- General and the Governor are the appropriate authorities for it; and

(n)     to amend any of the fees stated in the Schedules of this Law.

16.    Establishment of Surveyors Disciplinary Committee

(1)     There is established in the State a Disciplinary Committee for Surveyors (referred to in this Law as “the Committee”).

(2)     The Committee will consist of the Surveyor-General as the Chairman and three other members not being persons employed in the State civil service (referred to in this Law as “unofficial members”) appointed by the Governor of the State.

(3)     Two (2) of the three (3) unofficial members appointed under subsection (2) of this section shall be licensed surveyors.

(4)     The tenure of office of the unofficial members will be three (3) years but any person so appointed shall be eligible for re-appointment for any number of times as may be necessary.

(5)     An unofficial member may at any time by notice in writing given to the Governor, resign office.

(6)     If it appears to the Governor that any unofficial member is, by reason of illness, absence from Nigeria or any other cause, is incapable of carrying out the duties as such, the Governor may appoint another person in the place of such member.

(7)     The chairman and two (2) other members of the Committee will form a quorum.

(8)     The validity of any proceedings of the Committee will not be affected by a vacancy among the members, or by any defect in the appointment of a member.

(9)     Any question before the Committee will be decided by a majority of votes, and the chairman will, in addition to his vote as a member of the Committee, have a casting vote.

(10)   Meetings of the Committee will be held at such times and places as the chairman of the Committee will appoint.

17.    Duties of the Committee

(1)     The Committee will inquire into all cases in which it is alleged that a licensed surveyor has-

(a)     intentionally or through negligence or carelessness or culpable ignorance of fact made an incorrect survey or delivered an incorrect plan or diagram of any land, or plan which does not conform with the requirements of any regulations made under this Law;

[1986. No.3]

(b)     made an untrue report or memorandum of any survey; or

(c)     failed to comply with any regulations made under this Law; or

(d)     been convicted ofany offence involving fraud or dishonesty.

(2)     On completion of any inquiry under subsection (1) of this section, the Committee will refer its findings to the Surveyors’ Licensing Board for final determination.

(3)     The Committee will be assisted in the conduct of an inquiry by an officer of the State Ministry of Justice appointed for the purpose by the State Attorney-General and Commissioner for Justice.

18.    Power to convene meeting

The Chairman may at any time convene a meeting of the Committee for the purpose of inquiring into any allegation of a nature specified in section 17(l) of this Law made against a licensed surveyor.

19.    Information on which to act

In the exercise of the powers conferred under section 17 of this Law, the Chairman may act on information brought to his notice in any manner.

20.    Affidavit of allegation

The Chairman may require any person who has made any allegation of the nature specified in section 17(1) against any licensed surveyor to support such allegation by an affidavit setting out the facts on which it relies as proof of the allegation.

21.    Appearance of the licensed surveyor

(1)     The licensed surveyor whose conduct is the subject-matter of an inquiry will be given an opportunity to appear before the Committee for the purpose of answering the allegation made against it.

(2)     Seven (7) days’ notice will be given to the licensed surveyor, and will be informed in writing of the substance of the allegation made against him and be furnished with a copy of any affidavit made under the provisions of section 20 of this Law, and will also be furnished with copies of any other relevant document or be given an opportunity of inspecting them.

22.    Evidence at inquiry

(1)     The Committee may in the course of its inquiry hear such witnesses and receive such documentary evidence as in its opinion may assist it in coming to a conclusion as to the truth or otherwise of the allegations which form the subject-matter of the inquiry.

(2)     The Committee may require any witness appearing before it to give evidence on oath, and such oath may be administered by the Chairman.

23.    Power to summon witnesses and order production of documents

(1)     If the Committee is of the opinion that the evidence of any person or the production of any document is necessary for the purpose of its inquiry, the Chairman may issue a signed summons directing the person mentioned to give evidence or produce the documents specified or to do both.

(2)     A summons under this section will be as in the form in the Schedule to this Law.

(3)    The sheriff will at the request of the Chairman direct a bailiff or other officer to serve summonses issued under this section.

24.    Disobedience to summonses, etc.

If any person on whom a summons has been served under the provisions of section 23 of this Law refuses or omits without sufficient cause to attend at the time and place mentioned in the summons, or refuses without sufficient cause to answer fully and satisfactorily all questions by or with the concurrence of the Committee, or refuses or omits without sufficient case to produce any documents in possession or under control which are mentioned in the summons he shall be guilty of an offence and on conviction be liable to a fine not exceeding Ninety Thousand Naira (N90,000.00).

Provided that no person giving evidence before the Committee will be incriminated, and that such person will in respect of any evidence given or any document produced be entitled to all the privileges to which a witness in a trial before the High Court of the State is entitled in respect of evidence given or a document produced before such Court.

25.    Inquiry may be held in absence of a licensed surveyor

The Committee may after having complied with the provisions of section 22 of this Law, proceed to inquire into the allegation made against a licensed surveyor whether or not the licensed surveyor is present before the Committee.

26.    Decision of Committee

(1)     Where, after the inquiry is completed, allegation made the committee is satisfied that any allegation made against the licensed surveyor  has been established, the Committee will  forward a record of its findings, to the  surveyors ‘ Licensing Committee Board, and the Board may reprimand the licensee surveyor or order his license to be suspended for such period as the Board may specify or to be cancelled, and may in addition order refund of any fee which may have been received from any person as consideration in respect of any survey plan or diagram in respect of which the allegation was made.

(2)     where an order of suspension or cancellation of license is made, a copy of such order will be served on the licensed surveyour.

(3)     The provisions of this section will be without prejudice to any liability of such surveyor to an action for damages.

27.    Appeals

(1)     Any licensed surveyor whose license has been suspended or cancelled may within thirty (30) days after the order of suspension or cancellation has been served on him, appeal to the High Court of Lagos State.

(2)     An appear under the provision of this section will be brought by notice of motion, and will state the grounds of appeal.

28.    Surrender of licence on suspension or cancellation

Any licensed surveyor whose licence is suspended or cancelled will not later than fourteen (14) days after the expiration of the time allowed for the bringing of an appeal under section 27 above or where an appeal has been  disposal of the appeal or its abandonment or its being struck out for want of prosecution, surrender his  licence to the surveyor-General of the State, and failure to do so shall be guilty of an offence and on conviction be liable to a fine of Ninety Thousand Naira (N90,000.00)

29.    Restoration of licence

Any licensed surveyor whose licence has been suspended or cancelled and surrendered under the provisions of section 26 and section 28 may apply to the Board for the restoration of the licence, and the Board in its absolute discretion, and after such inquiry as it may consider desirable, may either allow or refuse the application.

30.    Repeal

The Survey Law, cap.13 2, Laws of Lagos state 1973 Edition is repealed.

31.    Interpretation

In this Law, unless the context otherwise requires

“licensed surveyor” means a surveyor licensed under the Survey Act or under any ordinance providing fbr such licensing which was in force at any time before the commencement of the Survey Registration Council of Nigeria Act;

[L.F.N. Cap. 425, Cap.Sl8 L.F.N. 2010.]

“Governor” means the Governor of Lagos State;

“owner” in relation to any land, means any person  receiving rents or profits from any tenant or occupier 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 Lagos State or of any part of it;

“registrable instrument” means any document relating to land the registration of which is required by any written law;

“State” means the Lagos State of Nigeria;

“Survey Department” means the department of the Government exercising functions relating to the survey of land;

“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 Lagos State, and in relation to any function delegated to an officer of the Survey Department under the provisions of section 14 includes such officer.

32.    Citation and commencement

This Law may be cited as the Survey Law, and will come into force on I lth day of October 1984.

SCHEDULE

SECTION 23

STJMMONS TO WITNESS

In the Matter of…………………………………………………… a licensed Surveyor

AND

In the Matter of the Survey Law

To:

…………………………………

…………………………………

You are hereby summoned to attend before the Lagos State  Surveyors’ Disciplinary Committee at………………

on the……………….. day of………..20…………… at . hour and from day to day until the above matter is heard to give evidence respecting  such matter and also t; bring with you and produce at the time and place mentioned.

Given under my hand, this. ………………. day of …………………..20…………

……………………………………

Lagos State Surveyor-General

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

The Survey Regulations…………………..S………

THE SURVEY REGULATIONS

ARRANGEMENT OF REGULATIONS

PART I

1 to 7 Field survey methods

PART 2

8 to 27 Demarcations

PART 3

28 to 38 Survey plans, records and information

PART 4

39 to 44 Private application for survey to the Surveyor-General

PART 5

45 to 49 Survey Fees

PART 6

50 to 59 Miscellaneous

THE SURVEY REGULATIONS

[L.S.L.N. 10 OF 1984]

under section t S

[Commencement]                     [11th October 1984]

PART 1

Field survey methods

1.       subject to such modifications as may be any particular authorised by the surveyor-General for survey’ the survey of the boundaries of any parcel of land in either urban or rural area in the state will be effected by methods defining the boundary to a an accuracy equivalent to that of a surround traverse with a closing error of 3000 controlled in direction by connection to Government Survey framework beacons or by a astronomical

2. (1)          Surveys well wherever possible be connected by closed traverse or triangulation to Government Survey beacons. Connection be made to the accuracy laid down-under regulation r, I, and need not be y closed  traverse if the length of the connection exceeds” 1.6 kilometres. Where it is not  possible to close the traverse the lengths will be double chained and, if exceeding twenty (20) stations, a check azimuth will be observed to control the bearings.

(2)     when there are no available Government survey beacons within 1.6 kilometres a local origin will be established by a permanent beacon described by reference to neighbouring identification landmarks, to which local origin the, survey of the parcel  of land will be connected the direction of such a local origin will be controlled by astronomical observations for azimuth.

3.       Subject to such modifications as the Surveyor-General may authorise for any observed for survey the following will be observed for survey measurements, and for their recording and reduction—

(a)     Theodolite stations

(i)      Readings each station one Face Right, one Face Left;

(ii)     Maximum number of station “n” for closure of bearings

(iii)    Maximum misclosure in bearing 30 ; n .

[L.S.L.N. 5 of 1985.]

(b)     Azimuth;

(i)      Reading each station-three (3) 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 azimuths ………………………………30.

(c)     Linear measurements;

(i)      Reading-to the nearest millimeter 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 using steel tapes or any electronic or electromagnetic distance measuring equipment;

[L.S.L.N. 5 of 1985.]

(iii)    Corrections to measurements-to the nearest millimeter for standard, slope, and where necessary meteorological and sag, in the case of theodolite traverses; all slope distances should be reduced to horizontal distances.

(d)     Field books;

(i)      all necessary measurements will be entered in ink as they are made;

(ii)     no erasures will be made or pages torn out and all erroneous figures will be neatly crossed out;

(iii)    the contents will include the surveyor’s name, title of survey, location, identity of instruments used, error of field tape/measuring equipment and date of its last standardisation, index and dates of observations, explanatory diagrams accompanying the observations wherever necessary, measurements to permanent features shown on or alongside the boundaries; a certificate signed by the surveyor at testing that the entries recorded in the field book are the results of the field observations.

(e)     Computations;

(i)      Bearings Surveys by Theodolite Traverse shall be computed on Universal Transverse Mercator Grid Bearing where connected to Government survey beacons reduced to the nearest 30″ or better;

(ii)     Lengths—corrected lengths will be reduced preparatory to the nearest millimetre to the computation of co-ordinates;

(iii)    Co-ordinates-they will be computed to the nearest millimetre either by logarithms of not less than five (5) figures or by mechanical or programmable calculators;

(iv)    Areas-the areas of a piece of rand bounded by straight lines will be computed arithmetically from the co-ordinates of the corner; the area enclosed between any irregular boundary and adjacent traverse tine will be computed as a series of trapezoids or by using a planimeter;

(v)     Forms-all routine computations will be made on forms approved bv the Surveyor-General or on good quality foolscap paper similarly ruled.

4.       Where surveys begin or end on marks of old surveys the accuracy of the datum will be assured by angular and linear measurements. On long lines of framework or primary traverse the linear measurement may be dispensed with, but the accuracy of the position of the marks must be checked by angular measurement. When the old marks are found to be out of position, a full report will be made to the Surveyor-Genera so that  so that inquiry may be made and steps taken if necessary to correct their positions. A new datum from unmoved marks will then be selected or astronomical observations taken to establish a correct bearing such accuracy of the position of the marks will not exceed +30,, angularly and +4 millimetres linearly.

5.       Where a boundary side of a new survey is conterminous with a longer boundary side of a previously surveyed area, the boundary mark or marks of the new survey will be placed exactly on line between the boundary marks of the old  the old area is not affected by the new survey.

6.       Boundaries will be raid out and surveyed with as few angular points as local conditions and the requirements of the survey necessitate.

7.       Where a boundary such as that caused by a stream is irregular, traverse lines will  follow approximately the course of the boundary and offsets will be taken at suitable  points along the traverse to determine the position of the boundary.

PART 2

Demarcation

8.       Save for mining areas and subject  to such modifications as the Surveyor-General may authorise in special cases and under regulation 9, survey boundary marks will be constructed as follows—

(a)     At every change of direction-by concrete pillars (property beacons) measuring eighteen (18) centimetres square in section with eight (8) centimetres above ground and sixty-nine (69) centimetres below and having a metal pin or spike in the centre of the surface. The symbol ” ” the letters P.B. and identification letter or letters not exceeding two (2) in number will be stamped on pillars emplaced by an officer of the Survey Department. The 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 Department, the symbol ”  ” will be added;

[L.S.L.N.5 of 1985.]

(b)     At intermediate corners in layouts-by concrete pillars (cemetery-type) measuring ten (10) centimetres square in section with eight (8) centimetres above ground and thirty-eight (38) centimetres below and having a metal pin or spike in the centre of the surface or by normal size pillars as in paragraph (a) of this regulation;

(c)     Inside a building-an “X” with identification number will be cut or painted by a licensed surveyor on the outside of the building at points it is, intercepted by the boundary. Officers of the Survey Department will use a double arrow;

(d)     At an obstacle-if the beacon cannot be placed in the true position an iron pin will 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 will be clearly shown in the field book.

[L.S.L.N. 5 of 1985.]

9.       For large rural surveys, other than mining surveys, which require a large number of beacons, demarcation may, subject to the agreement of the person for whom the survey is undertaken, be made by hardwood pegs, angle irons, etc. with a circular pat of cement of at least fifteen (15) centimetres in diameter bearing the identification marks described in regulation 8(a). Such marks will, after the necessary measurements have been made, be covered by a mound of earth or stones at least sixty-one (61) centimetres high. Where azimuths are observed, or connections made to Government survey beacons or to another survey, three consecutive stations will however be marked by concrete pillars as described in regulation 8(a).

10.     For areas the subject of applications under the Minerals and Mining Act the surveyed boundaries will be demarcated by mushroom-shaped pillars constructed of concrete. The underground portion will be undercut and at least fifteen (15) centimetres diameter at the base, and be sunk to a depth of twenty (20) centimetres; the upper portion will have a diameter of twenty-five (25) centimetres and project fifteen (15) centimetres above the ground. The upper surface shall be smooth and have a hole about sixty-four (64) millimetres in diameter at the centre. The relevant letters E.P.L., M.L. or M.R. together with the allotted number will be marked on the top of the beacon in characters and figures not less than two and a half (2.5) centimetres in height on the side adjacent to the laid in question, with direction arrow drawn to indicate the course of the boundary.

[L.F.N . cap. 226. L.S.L.N. 5 of r985, Mt2L.F.N. 2010.]

11.     Concrete prepared for the purposes of regulations 8 to 9 will comprise not more than five (5) parts of sand, or sand and rubble, to one (1) of cement.

When the survey is to be undertaken by the Survey Department, the applicant will inform the Surveyor-General whether there is the intention to provide all the beacons or materials or wishes them to be supplied by the Surveyor-General.

12. (1) The Surveyor-General will allot distinctive letters prefixing the consecutive numbers to be stamped on all property beacons to be used by a licensed surveyor.

(2)     A licensed surveyor shall use on all properties surveyed only beacons with stamped distinctive numbers allotted under sub-regulation ( 1) of this regulation.

(3)    The licensed surveyor shall forward monthly to the surveyor-General a return listing all numbered beacons used the previous month; and if no numbered beacon has been used for that month will forward a “NIL” return to the Surveyor-General .

(4)     A licensed surveyor will not re-number any old numbered pillar on any property surveyed under this regulation at the time of the survey.

(5)     Any licensed surveyor who fails to comply with any of the provisions of Sub-regulations (2), (3) and (4) of this regulation will be guilty of an offence and on conviction be liable to a fine of Two Hundred Naira (N200.00).

13.     The demarcation of all boundaries will be done prior to or simultaneously with the measurements determining their positions.

14.     Beacons will be placed at the intersections of a boundary with important roads and streams; on long straight lines intermediate beacons will be so emplaced that consecutive beacons are intervisible and not more than four hundred (400) metres apart.

15.     When a beacon is placed in accordance with computed data or in line with two beacons, proof must be shown by actual measurements recorded in the field book and by any necessary computations that the beacon has been placed in accordance with the required conditions, except the direct lining-in of cemetery-type beacons in regular layouts.

16.     Where, owing to interference with traffic or for any other reason, a beacon cannot be placed at a comer, a beacon will be placed on each of the lines intersecting at the comer and as close to it as possible. No beacon will be placed where it would interfere with, or be inconvenient to, traffic.

17.     In forest or scrub country, boundary lines will be cleared of undergrowth and trees of no economic value only to “a width” of one hundred and twenty (120) centimetres.

[L.S.L.N. 5 of 1985.]

18.     Trees within sixty (60) centimetres of the line, provided their economic value is not impaired by it, will be blazed on both sides in the direction of the line, and those through which the line passes will be double blazed on each side in the direction of the line.

19. (1) When a railway reserve forms a boundary of a property being surveyed, the position of all tangent points will be beaconed as accurately as possible by inspection of the ground and the radii of the curves and the lengths of the chords shall be recorded.

(2)     When a road forms a boundary, beacons will be placed at all turning points of road, and the boundary will be defined by the chords joining such beacons, which will be placed for conform with existing regulations and by-laws defining the width of roads.

(3)     When a river constitutes a boundary, beacons will 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.

20.     Wherever possible the adoption of curved boundaries will be avoided, straight lines from point to point will be used as boundaries in lieu of curves.

21.     Where objection is made by the owner of the adjoining land to the position of a boundary as pointed out by the person for whom a survey is being made, or as located by the surveyor from the documents of title under which the land is claimed, the surveyor will survey the position of this boundary and show the same on the plan, but may decline to demarcate that portion to which objection has been made. In such case the survey and demarcation will not be regarded as incomplete, so far as the surveyor is concerned.

22.     For areas the subject of application under the Minerals and Mining Act-

[L.F.N. Cap. 226, Ml2 L.F.N. 2010.]

(a)     the surveyed boundaries will 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 will be final;

(c)     the surveyor will have entire discretion to alter the positions of the beacons to bring the area within the limit allowed under the Minerals and Mining Act if the area on survey is found to exceed the said limit by not more than twenty (20) per cent;

(d)     the surveyor will report to the Director of Federal Survey through the Surveyor-General if the area on survey is found to exceed by twenty (20) per cent, the maximum allowed under the Minerals and Mining 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 Director of Federal surveys may require the area to be surveyed by the Surveyor-General and all charges for the survey will be borne by the holder of the Exclusive Prospecting Licence.

23.     Where practicable, notices in accordance with Form 1 in the First Schedule will be served on the occupiers of any land the boundaries of which have been defined by boundary marks under this Law, and notices in accordance with Form 2 in the said Schedule will be served on Local Government councils within the local limits of whose jurisdiction any trigonometrical station, survey beacon, mark or pole or boundary mark is situated.

[First Schedule, Forms I and 2.]

24.     The removal, obliteration or defacement of any survey mark which comes to the notice of a surveyor will be reported in writing to the Survey-General.

25.     In the resurvey of land unless the original beacons have obviously been disturbed the principle will be observed that those beacons on the ground indicate the true boundary even, though the data obtained on resurvey disagrees with the data recorded on the original plan.

26.     When the surveyor discovers any such disagreement in data or any damage to or loss or displacement of Government beacons will make careful search and inquiry and will forward a full report on it to the Surveyor-General accompanied by—

(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.

27.     A Government survey will only be amended, and Government beacons removed or re-sited, on the Surveyor-General’s instructions, and the surveyor will report in writing when such instructions have been carried out.

PART 3

Survey plans, records and information

28.     The original plan of a survey shall be drawn in waterproof ink on mounted drawing paper or on other material approved by the Surveyor-General. The size of the plan will not be less than thirty (30) centimetres by twenty (20) centimetres.

29.     The original plan of a survey will show the following information-

[L.S.L.N. 5 of 1985.]

(a)     title of survey, description of land, locality, the name of the person or body for whom the survey is made, the signature, name and designation of the surveyor and the date;

(b)     a grid in blue based on and defining U.T.M. North for the origin of the survey; all co-ordinated points for the survey will be plotted by rectangular co-ordinates on this grid system; U.T.M. North, os 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 details, and all round red 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 (inserted, if necessary)-blue lines;

(iii)    offsets: black figures between arrows, bearings to the nearest minute and distances to the nearest centimetre in appropriate colours for the above; the initial bearing adopted for the survey to be marked “LB.”; bearings and distances deducted from the computations, not from direct measurement, 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 ail Government 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 metres subject to such modifications as the Surveyor-General may authorise in particular cases. Scales of plans showing property boundaries will be as follows-

(i) Exclusive prospecting licences. 1125,000; …………………….1/25,000;

(ii) Mining leases and rights 1/5,000; ……………………………….1/5.000;

(iii) Other plans…………………………………………………………1/250,000;

……………………………………………………………………….1/1,000.1/2,000;

(i)      the area of each plot, to the following accuracy-

(i)      building lots and plots under 1,000 square metres-in square metres to three (3) places of decimal;

(ii)     plots from 1,000-10,000 square metres-in square metres to two (2) places of decimal;

(iii)    plots from 1-100 Hectares-in hectares to third decimal;

(iv)    plots over 101-1,000 f[ss121s5–in hectares to second decimal;

(v)     plots over 1,000 Hectares-in hectares to first decimal;

(k)     conventional signs and symbols published by the Survey be Department shall used for the representation of detail and beacons unless otherwise directed.

30. (1) The following requirements will be fulfilled by a licensed surveyor_

(a)     a licensed surveyor making a survey of the boundaries of land for any purpose, registrable instrument or grant, will within one (1) month of completion of the survey and the drawing of the original plan submit a copy on tracing cloth of the original plan of the survey to the Surveyor-General; or

(a)     a licensed surveyor preparing a plan which implements any or order of court will on completion submit a copy on tracing cloth of the original plan to the surveyor-General together with a certified true copy of the judgement or order of Court.

(2)     The cost of the plans and documents submitted under this regulation will be borne by the person for whom the surveys are made.

(3)     Any licensed surveyor who fails to comply with the provisions of regulation 30(1)(a) or/and (b) of these regulations will be- guilty of an offence and on conviction be liable to a fine not exceeding Ten Thousand Naira (N10,000.00).

31.     Plans prepared from the original for attachment to any registrable instrument or grant are required to show only the following information taken from the original save as the Surveyor-General may otherwise require i-n particular cases:

Title of survey, the name of the person or body for whom it is made, connection to government survey beacons or co-ordinates of a point referred to the national origin, bearings to the nearest minute and distances to the nearest centimetre, area, location and lot number (if any) of the parcel of land, the scale of the plan and the indication of the U.T.M. North Point, name, signature, date and address

32′ (1) The Surveyor-General may in tf3 courage of any survey undertaken by any licensed, surveyor require such licensed surveyor to submit for inspection within thirty (30) days of the receipt of the letter from the surveyor- General,- the field books, computations and any other records or information in connection with the said survey undertaken.

[L.S.L.N. 5 of 1985]

(2)     The Surveyor-General may make any investigation or check as he deems fit on the said survey undertaken.

(3)     Any licensed surveyor who fails to submit within the stipulated time under regulation 32(1) of these regulations shall be liable to pay a fine of Forty Five Thousand Naira (N45,000.00).

33.     Copies of survey plans kept in the Survey Department may, at the discretion of the Surveyor-General, be inspected by the public on payment of the prescribed fees, but no information will be copied without the surveyor-General’s permission.

34.     Copies of plans of surveys made by the Survey Department may at the discretion of the Surveyor-General, be purchased by the public on payment of the prescribed charges.

35.     Copies of plans lodged by licensed surveyors will be available for purchase only to the licensed surveyors who had submitted the particular plans and to the persons for whom the surveys were made after the death of the licensed surveyor or to their legal representatives at the prescribed rates.

36. (1) When certified true copies of plans made by officers of the Survey Department or licensed surveyors are supplied by the surveyor-General or by a licensed surveyor , they will bear the following certificate;

Certified true copy of plan made by…………………………………………..

of the Survey Department/Licensed Surveyor on. ………………………..

………………………..Signed………………………..

Surveyor- General/Licensed Surveyor.

(2)     Copies of plans of surveys made by the officers of the Survey Department shall not be certified as true copies by Licensed Surveyors, and shall only be prepared and sold to the public by the Surveyor-General.

37.     A licensed surveyor may demand from the Surveyor-General and shall be given, without payment, any information filed in the office of the Surveyor-General that is reasonably required.

[L.S.L.N. 5 of 1985.]

38.     The Surveyor-General may decline to give such information if considered unnecessary for the survey, and such decision is final

PART 4

Private application for survey to the Surveyor-General

39 (1)         Application to the Surveyor-General for the survey of a parcel of land will in accordance with Form 3 of the First Schedule be accompanied by particulars of the applicant’s interest on the land locality, area and a sketch plan of the parcel, together with the nature of the work required.

(2)     For application to the Surveyor-General to investigate alleged inconsistencies in an existing survey, the complainant will in addition to the above information, supply full details of the alleged inconsistencies and such other information as the Surveyor-General may require.

40.(1)         The Surveyor-General may by discretion refuse to undertake any survey or investigation.

(2)     The Surveyor-General may investigate or undertake any survey, if it is in the public interest to do so, whether or not any application has been made to carry out investigation or survey.

41. (1) If the Surveyor-General accepts an application for survey the charges will be assessed for the work and call on the applicant to deposit the amount in the nearest Treasury.

(2)     If the application is withdrawn after the survey has been arranged but prior to its completion, the Surveyor-General may by discretion arrange for the fees together with charges incurred, to be paid to the Treasury .

42.     ln any case in which the Surveyor-General accepts application or directs that the survey will be undertaken by the Survey Department, the applicant may be required in accordance with Form 4 of the Schedule to attend personally or by agent for the purpose of indicating the boundaries of the land, and will state the intention regarding supply of beacons or the materials (see regulation 11).

43.     For surveys by licensed surveyors which involve services by the Survey Department, such as checking the work or supplying certificate of occupancy plans, the Surveyor-General will assess the necessary charges, which will be paid to Treasury by the applicant except in respect of checking carried out under regulation 32 which will be paid for by the surveyor.

44.     For investigations undertaken under regulation 39(2) the complainant will bear the cost of any investigations undertaken if the complaint is proved to be unfounded. If the original survey is found to be at fault the charges for the investigations will be paid by the person for whom the original survey was made, or by the licensed surveyor in the case of checking carried out under regulation 32.

PART5

Survey fees

45.     The fees for surveys of parcels of land undertaken by will the Survey Department be in accordance with the provisions of the Second Schedule to these regulations.

[Second Schedule.]

46.     The fees for services rendered by the Survey Department other than those  referred to in regulation 45 will be in accordance with the provisions of the Third  Schedule to these regulations.

[Third Schedule.]

47 .    In any case where fees are specified in the Second and Third Schedules to these regulations as being chargeable at rates other than time-rates, the Surveyor-General or any authorised officer of the survey Department may, if deemed desirable to do so, substitute time-rates for such other rates.

48.     Any question which may arise as to the appropriate fee payable in accordance  with the Second and Third Schedules shall be determined by the Surveyor-General whose decision will be final.

49.     The Governor, may when it appears to be in the public interest to do so, waive or reduce the survey fees payable in particular case.

PART 6

Miscellaneous

50.     Notice of a surveyor’s intention to enter on occupied land will, where practicable, be given. Such notice may be in accordance Schedule.

[Form I Fourth Schedule.]

51. (1) Notwithstanding the provisions of section 5(1) of the Law any licensed surveyor undertaking a property survey in any part of Lagos State will indicate on the plan so produced if the property surveyed is within any Government acquisition or not.

(2)     Any licensed surveyor who contravenes the above will be guilty of an offence and be liable on conviction to a fine of Two Hundred and Twenty Five Thousand Naira (N 225,000.00)..

52. (1) If for the purpose of any survey it is necessary or desirable for a surveyor to uncover a buried Government beacon the surveyor will apply in writing to the Surveyor-General for a written permission to uncover such beacon.

(2)     The written permission if given will be as specified in Form 2 of the Fourth Schedule to these regulations.

(3)     Full directions for the restoration of the covering will also be issued to the surveyor on the said form a copy of which will be filed in the office of the Surveyor-General.

53. (1) A person must not make any excavations to bury or uncover a Government beacon in any street or road unless a Red flag by day and a Red Lamp by night is provided and displayed to warn approaching traffic, by the person making such excavations.

(2)     Any person who contravenes regulation 52(l) of these regulations will be guilty of an offence and on conviction be liable to a fine of Forty Five Thousand Naira (N 45,000.00).

54. (1) Every licensed surveyor must cause the linear measuring equipment to be standardised by either the Survey Department or by himself on a standard base annually and will pay the fee prescribed by the Survey Department for such purpose to the said Department if done by it before obtaining a certificate signed by the Surveyor-General to that effect.

(2)     Any licensed surveyor who repairs any of the linear measuring equipment in respect of which certificate has been obtained under sub-regulation (1) of this regulation shall restandardise same either by himself or by the Survey Department after such repairs.

(3)     A prescribed fee may be charged by the Survey Department before issuing a Certificate signed by the Surveyor-General on the restandardised linear measuring equipment.

(4)     Any licensed surveyor who standardises or restandardises his linear measuring equipment by himself shall submit for endorsement by the Surveyor-General result of such standardisation or restandardisation.

(5)     Any licensed surveyor who contravenes sub-regulations (l), (2) and (4) of these regulations shall be guilty of an offence and shall be liable on conviction to a fine of Forty Five Thousand Naira (N45,000.00).

55.     Forms set out in the Schedules to these regulations may be modified at the discretion of the Surveyor-General from time to time.

56.    Revocation of former Survey Regulations

The Survey Regulations together with its Schedules made under the Repealed Law Cap. I32, Laws of Lagos State 1973 Edition are hereby revoked.

[Application of Regulations]

57′     These regulations shall be observed by all surveyors save when their application is specially limited either to the Survey Department or to the licensed surveyors.

58.    Interpretation

In these regulations, unless the context otherwise requires—

“beacon” means a permanent mark of any kind made of concrete, iron or stone and includes a pillar or boundary post of such material;

“demarcation” means the marking of lines by beacons, or blazed trees or hard wood pegs;

“Law” means the Survey Law;

“Governor” means the Governor of Lagos State;

“State” means the Lagos State of Nigeria;

“Survey” under these regulations means any survey made in connection with any plan prepared under the Law for any registrable instrument or judgement or order of court; –

“Urban Area” means any area of the state so designated by the Governor of ” theStateundertheLandUseAct;gvur6lrol!uuyttrcuovemorol

[L.F.N. Cap. L60.]

“Rural Area” means any area not designated as Urban Area.

59.    Citation and commencement

These regulations may be cited as the Survey Regulations, and will come into force

FIRST SCHEDULE

FORM I

Regulation 23

SURVEY REGULATIONS

NOTICE TO AN OCCUPIER OF ANY LAND

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 nearest officer of the Survey Department if any of the said marks are injured , destroyed or removed.

Dated this……………………… …..day of ……………….. 20……

………………………………….

Surveyor/ Survey Officer

To……………………………………….

…………………………………………..

…………………………………………..

…………………………………………..

FORM 2

Regulation 23

SURVEY REGULATIONS

NOTICE TO A LOCAL GOVERNMENT COLINCIL

Take notice that you are required to prevent the obliteration, removal or injury of the trigonometrical stations, survey beacons, marks, poles or boundary mark 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 nearest officer of the Survey Department if any of the said stations, beacons, marks , poles or boundary marks are obliterated, removed or injured.

Dated this …………………….day of …………………………………….. 20……

……………………………….

Survey or/ Survey Officer

FORM 3

Regulation 39

SURVEY REGULATIONS

APPLICATION FOR SURVEY OF DEMARCATION TO BE

UNDERTAKEN BY THE SURVEY DEPARTMENT

l. Name of applicant……………………………………………………………………

2. Address: ……………………………………………………………………

3. Situation and description of land to be surveyed or demarcated……………

4. Name of owner/occupier: ……………………………………………………..

5. Approximate area: ……………………………………………………………………

6. Position of applicant in regard to land, whether his representative, lessee, tenant or mortgagee……………………………………………………………

7. Nature of work required: ……………………………………………………………

8. Nature of plans required: ……………………………………………………………

6.

Dated this . ………………………………day of . …………………………..20…….

………………………………

Applicant

To:

The Surveyor-General,

………………………………

………………………………

N.B.-A sketch plan of the land must accompany this Form.

FORM 4

Regulation 42

SURVEY REGULATIONS

NOTICE TO APPLICANT FOR SURV EY TO ATTEND PERSONALLY OR BY AGENT

You are hereby required to attend personally or by agent duly authorised by you in in writing the form set out below at . …………….. . on the…………. day of. …..20

for the purposes of indicating to the officer of the Survey Department:

(a)     the boundaries of the parcel of land on your application for survey,

(b)     your corner and direction beacon on your application for a Mining Lease/a Mining Right/an Exclusive prospecting Licence………………………………….

Hectares/Square Kilometres 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 beacon s or materials, or that the Survey Department should provide beacons.

Signed: ………………………………….

Office: ………………………………….

Date:. . ………………………………….

FORM OF AUTHORISATION

(If attended by agent)

On behalf of (a)……………………………… I hereby authorise (b)…………..to  accompany the officer of the Survey Department during the survey of (c) and, unless written protest is made by him to the surveyor at the time accept the position of all beacons shall be as determined by the surveyor.

I will/ will not supply boundary beacons or material for same.

For and on behalf of (d)…………………………………………………………

Dated this . . …………………………………day of………………………..20……

Signature…………………………………

SECOND SCHEDULE

Regulation 45

FEES CHARGEABLE BY ST]RVEY DEPARTMENT FOR SURVEYS PARCEL OF OF LAND OTHER THAN IN THE THIRD SCHEDULE

A. Perimeter survey:

The cost of demarcating and surveying or parcel of land not exceeding five (5)

Minimum charge ………………………………………………………N30,000.00

0.5 Hectare………………………………………………………………N4,000.00

I Hectare………………………………………………………………….N30,000.00

0-5 Hectares……………………………………………………………. N30,000.00

B. For parcels of land exceeding five (5) hectares, the cost of survey is cumulative and shall be calculated as follows:

And for the next 5 Hectares………………… And for the next 10 Hectares. . ………………… And for the next 20 Hectares. . ………………… And for the next 60 Hectares. . ………………… And for the next 100 Hectares. ………………… And for the next 200 Hectares. ………………… And for the next 300 Hectares. ………………… And for the next 300 Hectares. ………………… And for over 1,000 Hectares . ………………… Add N250,000.00 per Hectare Add N200,000.00 per Hectare Add N 150,000.00 per Hectare Add N 100,000.00 per Hectare Add N50,000.00 per Hectare Add N25,000.00 per Hectare Add N20,000.00 per Hectare Add N 15,000.00 per Hectare Add N 10,000.00 per Hectare

1. Residential layout survey:

A. Cost of demarcating and surveying of Residential plots not exceeding at 1,000 square metres:

1-5 plots at N 125,000.00 per plot

Next 10 plots or part thereof add N 10,000.00 per plot

Next 30 plots or part thereof add N9,000.00 per plot

Next 100 plots or part thereof add N8,000.00 per plot

Next 150 plots or part thereof add i*7,000.00 per plot

B. Cost of demarcating and surveying of residential plot exceeding 1,000 sq. metres.

For every 100 sq. metres exceeding 1,000 sq. metres add N15.00 to 2.{ above to one hectare.

C. Cost of demarcating and surveying the residential plots exceeding one hectare will be as for industrial/commercial plots in paragraph 3 of this Schedule.

2. Industrial/commercial plots-

A. Cost of demarcating and surveying of industrial/commercial plots-

0-5 Hectare ………………………………………N250,000.00 per Hectare

B. For industrial/commercial plot in excess of five (5) hectares, charge N25,000.00 per hectare for excess over five (5) hectares.

3. Survey-

S/No. Location/Description of Land     Survey Fees in N

1. High density area

Oko-Oba , Ewu Elepe, Ipaja, Lagos North,

West Scheme, Magodo (lsheri I) etc. 12,000.00 per plot

2. Medium density area

Lekki Peninsula Scheme I & II, Surulere

Amuwo Odo- fin, Ogudu, Magodu II

(Shangisha) 20,000.00 per plot

3. Low density area

Victoria Island, Victoria Island Annex, Ikoyi,

75,000.00 per plot

Park View, Ikeja G.R.A.

4. Commercial plots

(a) Less than 2 hectares           50,000.00 per plot

(b) 2 hectares and above                   75,000.00 per plot

5. Industrial plots

(a) Less than 2 Hectares           75,000.00 per plot

(b) 2 Hectares and above                   100,000.00 per plot

[L.S.L.N. 26 of 1996.]

4. Survey—

A. Lagos mainland-

Cost of demarcating surveying of service and lots of land situate on the Lagos

mainland will be calculated as follows-

(a) Up to 1,000 sq. metres. ………………………………………..N1,000.00

(b) Above I,000 sq. metres. ………………………………………N2,000’00

(c) From 2,000 to 3,000 sq. metres ……………………………….N3,000.00

(d) Above 3,000 sq. mekes ………………………………………N5 ,000.00

B . Lagos Island and others-

Cost of demarcating and surveying of service and plots of land situate at Victoria Island, Victoria Island Annex, Ikoyi, Lekki, Apapa G.R.A. shall be calculated as follows-

(a) Up to 1,000 sq. metres ……………………………………………. N 3,000.00

(b) From 1,000 sq. metres to 2,000 sq. Metres…………………….. N 5,000.00

(c) From 2,000 sq. metres to 3,000 sq. Metres………………………. N 7,000.00

(d) Above 3,000 sq. metres ……………………………………………. N10,000.00

(e) The existing items 4,5 and 6 are hereby renumbered as items 5,6 and 7

[L.S.L.N. 6 of 1989.]

5.      Additional charges—

A. Fees for cutting of survey line

N 15.00 per 100 metres in light forest

N25.00 per 100 metres in medium forest

N40.00 per I00 metres in heavy forest

N65.00 per 100 metres in swampy forest

B. Beacon fees-

(i) 1st order traverse beacon …………………………………. N2,000.00 each

(ii) 2nd order traverse beacon………………………………… N2,000.00 each

(iii) 3rd order traverse beacon………………………………… N2,000.00 each

(vi) Property and mining beacons …………………………….. N 1,500.00 each

(v) Cemetery and other beacons……………………………… N1,000.00 each

THIRD SCHEDULE

Regulation 46

FEES CHARGEABLE BY SURVEY DEPARTMENT FOR OTHER SURVEY SERVICES

1. Control surveys

A. Horizontal controls-traversing:

1st order traverse. ……………………………….. N100,000.00 per kilometre

2nd order traverse ……………………………….. N80,000.00 per kilometre

3rd order traverse …………………………………. N70,000.00 per kilometre

B. Vertical controls:

1st order levelling ……………………………N25,000.00 per km line per direction

2nd order levelling …………………………..N20,000.00 per km line per direction

3rd order (engineering) ……………………..N15,000.00 per km line per direction

Additional charge for cutting and clearing applicable

[L.S.L.N. 5 of 1985]

2. Land information

S/No. Area of land Fees in N

l. Less than I hectare . . .1,000.00 per plot

2. I hectares or more but less than2hectares… . . . . .. .2,000.00perplot

3. 2 hectares or more but less than 3 hectares. . . . . . . .3,000.00 per plot

4. 3 hectares or more but less than 4 hectares. . . . . . . . . .4,000.00 per plot

5. 4 hectares or more but less than 8 hectares. . . . . . . . . .5,000.00 per plot

6. 8 hectares or more but less than, 20 hectares. ……….. .10,000.00 per plot

7. 20 hectares or more but less than 50 hectares . ………….15,000.00 per plot

8. 50 hectares or more but less than 100 hectares ……………20,000.00 per plot

9. 100 hectares or more. …………………………………………25,000.00 per plot

10. Subsequent transaction……………………………………As for land information

[L.S.L.N. 26 OF 1996]

3. Consent to survey

S/No. Area of land                                                           Fees in N

1.Area less than 0.5 hectares………………………………… 500.00 per plot

2.Area 0.5 hectare and above …………………………….. 1,000.00 per plot

3.Charting of survey plans attached to building plans.. 1,000.00 per plot

4.Search (with respect of government records of RED

COPY)……………………………………………………… 250.00 per plot

5.Supply of print of survey plan ………………………. 1,500.00 per plot

6.Supply of printed map………………………………… 1,500.00 per plot

7.Supply of mosaic print…………………………………. 1,500.00 per plot

8.Supply of prints from tracing. ……………………… 1,000.00 (minimum charges)

9.Survey compilation for court cases………………. 5,000.00 (minimum charges)

[L.S.L.N. 26 of 1996.]

10.Drawing and tracing fees at time rates…………………… Minimum N 10.00

11.Lithoprints and sunprints …………………………………… N2 .00 per 600 cm2 or less

Areas up to 25 hectares . ……………………………….. N5.00 per copy

Areas over 25 hectares…………………………. N 10.00 per copy

12. Certification fees in respect of true copies of diagrams and plans-

13.Public inspection fees in respect of plans and prints deposited in the Survey Department. For each inspection period or search……………….. N 10.00 per hour or part of one hour.

14.All survey services other than those specified above be charged at time rates.

15.Time rates will be at the rate of N10.00 per hour or part of it.

16.Land information fee…………………………………… N 10.00

Consent to survey fee………………………………………. N 10.00

FOURTH SCHEDULE

FORM 1

Regulation 50

SURVEY REGULATIONS

NOTICE TO OCCUPIER BEFORE ENTRY FOR SURVEY PURPOSES

Take notice that I will attend on…………………..the…………………………..

20………………… between the hours of 6 a.m. and……………………………

on your land situated at ……………………………. purposes connected with-

the property occupied

adjoining property;

a public survey.

Date this ……………………….day of ……………………………..20…………..

………………………………..

Surveyor

To:…………………………………………

:…………………………………………

FORM 2

Regulation 52(2)

SURVEY REGULATIONS

PERMISSION TO LINCOVER BEACON

You are here given permission to uncover Government Survey Beacon No……………………………………at………………………………….

In order to comply with subsection (2) of section l0 of the Survey Law, it will be necessary for you to observe the following direction in restoring the covering;

Date this……………………………………….day of…………………….20………….

Surveyor-General

To……………………………………..

………………………………………..

………………………………………..

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