Section 24: Entry of surveyors on contiguous properties
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
24. Entry of surveyors on contiguous properties
(1) Where a Government surveyor, or a land surveyor deputed by the
Permanent Secretary of the Ministry, shall bona fide in the course of a survey find it necessary to enter upon the property of a neighbouring proprietor
for the purposes of his operations, he may do so, provided that if such
neighbouring proprietor, to whom 8 days’ written notice has been given,
raises an objection or makes a protest, the Government surveyor or land surveyor shall take note of such objection or protest, and enter the same in the
memorandum of survey drawn up by him.
(2) Where the surveyor finds it necessary to cut standing crops or timber
or brushwood for the purposes of his operation, he shall apply to a Judge in
Chambers or the Magistrate of the district, and the Judge or Magistrate may
give an order to that effect after having heard the neighbouring proprietor.
[Issue 1] S34 – 8
Revised Laws of Mauritius
(3) Where a frivolous or false objection or protest is made to the entry of
a surveyor instructed to carry out the provisions of this Act, the Court or the
Judge or the Magistrate called upon to adjudicate on the nature and force of
such objection or protest, may declare the same to have been false or frivolous, and may order the party who made the objection or protest to pay the
costs of suit and a fine not exceeding 200 rupees.
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Questions this section answers
- Can a government surveyor enter my neighbouring land to survey State land?
- What happens if I make a false objection to a surveyor entering my land?