Section 9: Summons or notice to adjoining owners

9. Summons or notice to adjoining owners (1) (a) Subject to subsection (2) and section 11, no land surveyor shall for any purpose survey a plot of land which adjoins the plot of land of another person, unless the owner of the adjoining plot of land is present at the survey or has consented in writing to the survey being made in his absence, or has been summoned to attend the survey but has failed to do so. (b) A summons under paragraph (a) shall, subject to paragraph (c), be served personally by an usher upon the owner of the adjoining plot of land not less than 14 days before the survey is to be carried out. (c) Where the adjoining plot of land is State land— (i) the summons shall be served on the Chief Surveyor not less than 21 days before the survey; and (ii) the survey shall, except with the concurrence of the Chief Surveyor, be held during office hours. (2) Where— (a) the owner of the adjoining plot of land or his address is not known; or [Issue 7] C1(1) – 8 Revised Laws of Mauritius (b) the survey is required to be made by a Government surveyor, the land surveyor may, in lieu of a summons referred to in subsection (1), give notice of the survey in accordance with subsection (3). (3) A notice of a survey under subsection (2) shall— (a) indicate the date and time of the survey; (b) request the owner of the adjoining plot of land to be present and to produce his title deed at the survey; and (c) not less than 14 days before the survey— (i) be posted in a conspicuous place on the plot of land to be surveyed; and (ii) be published in the Gazette and in 2 daily newspapers approved by the Permanent Secretary. (S. 9 came into operation on 1 July 2013.)