Section 2: Interpretation
consolidated text (as at 2013, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
2. Interpretation
In this Act—
“boundary” means a line or feature used to demarcate adjoining land
parcels;
“cadastral survey” means a survey for the determination and description of the spatial extent of a plot of land, including its boundaries;
“Chief Surveyor” has the same meaning as in the Land Surveyors Act;
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“Committee” means the LAVIMS Committee set up under section 5;
“co-ordinates” means the Cartesian co-ordinates expressed in the prescribed geodetic datum and projection system, which give the precise
location of land parcels and boundary points;
“DCDB” means the digital cadastral database set up under section 4;
“fixed boundaries” means lines or natural or man-made features existing between adjoining land parcels that have been measured and fixed by
a land surveyor and agreed upon by the adjoining owners;
“general boundaries” means lines or natural or man-made features
existing between adjoining land parcels that have not been measured and
fixed by a land surveyor;
“Government surveyor” has the same meaning as in the Land Surveyors
Act;
“interested person” means a person who owns, possesses, holds a
lease, mortgage or charge over, or is entitled to or otherwise has an interest in, a plot of land;
“land parcel” means a plot of land registered as such in the DCDB;
“land registry” means the collection of records kept by the Conservator
of Mortgages pursuant to the Transcription and Mortgage Act;
“land surveyor” has the same meaning in the Land Surveyors Act;
“LAVIMS” means the Land Administration, Valuation and Information
Management System;
“local authority” has the same meaning as in the Local Government
Act;
“member”—
(a) means a member of the Committee; and
(b) includes the Chairperson of the Committee;
“memorandum of survey” means a report drawn up by a land surveyor
for the purpose of section 8 (a);
“Minister” means the Minister to whom responsibility for the subject of
land surveys is assigned;
“national survey control system” means a co-ordinated system used to
determine the position of points, features and boundaries in cadastral or
other surveys, and recorded in the DCDB;
“notary” has the same meaning as in the Notaries Act;
“owner”, in relation to a plot of land, includes—
(a) the person who is its legal owner according to a registered and
transcribed title deed;
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(b) where the immovable property is situated on State land or Pas
Géometriques, its lessee;
(c) in respect of leased land, the person who receives rent or, if the
land were to be let, would be entitled to receive the rent,
whether for his own benefit or that of another person; or
(d) where the owner cannot be found or ascertained, the occupier;
“Parcel Identification Number” means the number assigned to a land
parcel or unit pursuant to section 7;
“Permanent Secretary” means the Permanent Secretary of the Ministry
responsible for the subject of land surveys;
“PIN” means a Parcel Identification Number;
“plot of land”—
(a) means a delimited part of land or water;
(b) includes any unit or other building on, and any right or interest
in, the land;
“property”—
(a) means a plot of land, whether improved or unimproved; and
(b) includes—
(i) houses and buildings, fixtures and other building improvements of any kind, fences, tanks, wells, dams, fruit trees,
bushes, shrubs and other plants planted or sown, whether
for trade or other purposes, draining of land, ring barking
and any othe
fication Number;
“plot of land”—
(a) means a delimited part of land or water;
(b) includes any unit or other building on, and any right or interest
in, the land;
“property”—
(a) means a plot of land, whether improved or unimproved; and
(b) includes—
(i) houses and buildings, fixtures and other building improvements of any kind, fences, tanks, wells, dams, fruit trees,
bushes, shrubs and other plants planted or sown, whether
for trade or other purposes, draining of land, ring barking
and any other actual improvement; and
(ii) reclamation of land by draining or filing, and any retaining
walls or other structures or works ancillary to that reclamation, the excavation, grading or levelling of land, and the
removal of rocks, stone, sand or soil;
“survey control mark” means a mark referred to in section 6 (2);
“survey data” means information pertaining to a plot of land obtained
from a survey;
“survey dataset” means the set of survey data necessary to integrate
a survey of a plot of land into the DCDB;
“survey mark” means a mark placed by a land surveyor for the purposes
of a survey;
“survey report” means a report drawn up by a land surveyor for the
purposes of section 8 (b);
“unit” means any self-contained building used for residential, commercial, industrial or other purposes.
(S. 2 came into operation on 1 January 2012.)
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