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Section 24: Entry of surveyors on contiguous properties

State Lands Act

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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