Trinidad and Tobago Survey
TRINIDAD AND TOBAGO SURVEY ACT
CHAPTER 60:01
LAWS OF TRINIDAD AND TOBAGO
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–10 ..
L.R.O.
Act
29 of 1939
Amended by
16 of 1962
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
2 Chap. 60:01 Trinidad and Tobago Survey
Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.
Note on Adaptation
Under paragraph 6 of the Second Schedule to the Law Revision Act (Ch. 3:03) the Commission
amended certain references to public officers in this Chapter. The Minister’s approval of the
amendments was signified by LN 52/1980, but no marginal reference is made to this Notice
where any such amendment is made in the text.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Trinidad and Tobago Survey Chap. 60:01 3
CHAPTER 60:01
TRINIDAD AND TOBAGO SURVEY ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Power to enter lands.
4. Damage caused by surveyors.
5. Settlement of disputes.
6. Authorised officer to attend surveyor on notice.
7. Boundaries of wards, etc., to be ascertained and marked.
Section not to affect boundaries or rights of property.
8. Minister may order demarcation of lands under this Act.
9. General plan of survey to be prepared and submitted for approval of
Director of Surveys.
Plan to be open to inspection and objections by persons interested.
10. Method of taking objections to plan of survey.
11. Determination of objections by the High Court.
12. Plan to be submitted for approval of Parliament.
13. Plan approved by Parliament to be evidence of boundaries of parcels
shown therein.
14. Owners of land to maintain landmarks defining their boundaries.
15. Removing or defacing boundary marks, etc.
16. Obstructing survey, etc.
17. Allowances to parties, etc., attending to point out boundaries.
18. Payments for damage.
19. Supervision by Director of Surveys.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
4 Chap. 60:01 Trinidad and Tobago Survey
CHAPTER 60:01
TRINIDAD AND TOBAGO SURVEY ACT
An Act relating to the Survey of Trinidad and Tobago.
[21ST DECEMBER 1939]
1. This Act may be cited as the Trinidad and Tobago
Survey Act.
2. In this Act “authorised officer” in relation to any of the
purposes of this Act, means a public officer designated in writing
for the purpose by the Minister.
3. Any surveyor designated in writing by the Minister, and
any other person acting in aid and under the orders of any such
surveyor so designated may from time to time, after three days’ notice
in writing of his or their intention of entering has been given to the
owner or occupier, as the case may be, at any time enter into or upon
any private land of any person for the purpose of carrying any
meridian, boundary or other line which he considers necessary
through such land, and for the purpose of cutting sightways or traces,
or for the purpose of making and carrying out any survey authorised
by this Act or by order of the Minister, and for the purpose of fixing
any mark or object to be used in the survey, or any beacon, post,
stone or boundary mark whatsoever, and may carry such line, cut
such sightways or traces, fix and place any such object, beacon,
post, stone or boundary mark on any such private land, and may dig
up any ground for the purpose of fixing any such object, beacon,
post, stone or boundary mark for such object or purpose.
4. Every surveyor designated as mentioned above by the
Minister for the purposes of this Act, and his assistants, shall, in
the exercise of the several powers vested in him by this Act, do as
little damage as may be, and shall make satisfaction to the owners
or occupiers, as the case may require, of such lands or owners of
trees which are in any way hurt, damaged or injured, for all damages
sustained by them in or by the execution of all or any of the powers
given by this Act, in case the same is demanded.
1950 Ed.
Ch. 27. No. 3.
29 of 1939.
Commencement.
Short title.
Interpretation.
Power to enter
lands.
Damage caused
by surveyors.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Trinidad and Tobago Survey Chap. 60:01 5
5. In case of dispute between the surveyor and the owner or
occupier as to the amount of damage sustained, the same shall be
ascertained and determined on the complaint or information of
such owner or occupier by the Magistrate of the district in which
the lands or trees are situated. In any such case the decision of the
Magistrate shall be final.
6. For the purpose of surveying, ascertaining and marking out
the reputed public boundaries, whether natural or artificial, of any
quarter, ward or county, the surveyor may, by notice in writing under
his hand, and directed and delivered to any authorised officer, require
the attendance of any such authorised officer in or for every such
quarter, ward or county, or in or for any adjoining ward, either in the
same or any adjoining ward, at such time, not being less than twenty-
one days after the date of such notice, at such place as may be
specified in such notice, and to produce to such surveyor any books,
maps, papers or other documents in his custody or possession as
such authorised officer, which such surveyor may require for the
purpose of carrying this Act into execution; at which time and place
every such authorised officer shall attend upon such surveyor
accordingly, and to aid and assist him in the execution of this Act.
7. (1) Such surveyor appointed as mentioned above
accompanied by the authorised officer of the ward, the reputed
boundaries of which are to be defined and marked out, and by the
authorised officer of any ward adjoining thereto, may visit and
inspect the boundaries of such quarter, ward or county, for the
purpose of surveying, ascertaining and marking the same; and for
that purpose such surveyor or authorised officers may require any
inhabitant of any such quarter, ward or county, to assist them in so
doing; and when it appears to such surveyor that the reputed
boundaries of any such quarter, ward or county are sufficiently
ascertained, such boundaries shall be marked out by such surveyor
in such manner as may be necessary, by the putting down of any
posts, blocks or bolts of wood, metal or stone, or by the affixing of
any mark on or against any church, chapel, bridge, house or private
building or post, or by the doing of any other act, matter or thing
which may be necessary, and with such distinguishing letters or
figures as such surveyor thinks fit and proper for the occasion.
Settlement of
disputes.
Authorised
officer to attend
surveyor on
notice.
Boundaries of
wards, etc., to
be ascertained
and marked.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
6 Chap. 60:01 Trinidad and Tobago Survey
(2) Nothing done in pursuance of this section shall be
deemed to extend, define, alter, enlarge, increase or decrease, or in
any way to affect any boundary of any division, quarter, ward or
county, city, town, borough or other place, howsoever the same
may be respectively known or called, nor the boundary of any
land or property in relation to any owner or claimant to any such
land, nor to affect the title of any such owner or claimant
respectively in or to or with respect to any such land or property,
but all the right and title of any owner or claimant of any land or
property whatever within any division, quarter, ward or county,
city, town, borough or other place shall remain to all intents and
purposes in like state and condition as if this section had not been
passed; any description of any such land with reference to any
such division, quarter, ward or county, city, town, borough or other
place or otherwise, or anything contained in this section or any
law, custom or usage to the contrary notwithstanding.
8. (1) The Minister may by Notification direct that the
boundaries of lands within such limits as are defined in the
Notification shall be demarcated under this Act.
(2) After the expiration of seven days from the publication
in the Gazette of the Notification, the Director of Surveys or a Licensed
Land Surveyor authorised in writing by him in his behalf (hereinafter
called “the surveyor”) may enter upon all lands situated within the
defined limits and make all enquiries and do or cause to be done all
things necessary for the demarcation of the boundaries of such lands.
(3) The surveyor shall cause a notice to be served on the
owner and occupier, if known to him, of any land to be surveyed and
any land abutting thereon, of his intention to proceed with such survey,
and in the event of the owner or occupier being unknown a copy of
such notice shall be placed on some conspicuous part of the land at
least three days before proceeding with the survey. The surveyor may
by notice require any person connected with the user, management or
cultivation of any such land to attend personally or by his agent at
such place and time as are stated in the notice for the purpose of pointing
out the boundaries of the land or of affording such assistance and
information as are needed for the purposes of demarcation.
Section not to
affect
boundaries or
rights of
property.
Minister may
order
demarcation of
lands under this
Act.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Trinidad and Tobago Survey Chap. 60:01 7
(4) The surveyor shall after making such enquiry as he
thinks fit survey the boundaries of the land and shall mark the
corners and boundaries so defined in the manner prescribed in the
Rules for the survey of State Lands made by the Minister under
the Land Surveyors Act.
9. (1) On completion of the survey a general plan of the
lands surveyed shall be prepared on which the bearings and
lengths of all the boundaries shall be shown and also the area of
each parcel; and such plan shall bear upon it the signature of the
surveyor and shall be subject to the approval of the Director of
Surveys who may cause such modifications thereof, as he thinks
fit, to be made.
(2) A copy of the plan as finally approved by the Director
of Surveys shall be exhibited for public inspection in the office of
the authorised officer for the area in which the lands are situated,
and another copy shall be exhibited for public inspection in the
office of the Director of Surveys in Port-of-Spain, and a notice
shall be published once a month for three months in the Gazette
and in one daily newspaper published and circulating in Trinidad
and Tobago, informing all persons interested that such plan is open
to inspection during official hours, and requiring any persons who
have any objections to make to any boundary as laid down therein
to forward to the Director of Surveys a written statement of such
objections before a certain date which shall be six months from
the date of publication of the first notice.
10. (1) At any time within six months after first publication
of the notice referred to in section 9 any person claiming that his
rights are affected by the said plan may lodge in writing with the
Director of Surveys an objection to the same or any part thereof.
All such objections shall be referred to the surveyor who is
responsible for the surveys and plan and he shall forthwith report
in writing thereon to the Director of Surveys. If the Director of
Surveys considers the objection well founded he shall cause the
plan to be rectified accordingly.
Ch. 58:04.
General plan of
survey to be
prepared and
submitted for
approval of
Director of
Surveys.
Plan to be open
to inspection
and objections
by persons
interested.
Method of
taking
objections to
plan of survey.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
8 Chap. 60:01 Trinidad and Tobago Survey
(2) Any person who lodges an objection under
subsection (1) may within thirty days after lodging his objection
with the Director of Surveys or within such extended time as
may be allowed by the Court or by a Judge in Chambers apply
by a petition to the High Court to have the said plan rectified;
and the High Court shall hear and adjudicate upon all such
applications; and for the purpose of so hearing and adjudicating
thereupon, shall give directions as to notice of the application
and of the hearing thereof to be given to persons liable to be
affected by the same; and shall finally determine to what extent
and in what manner the said plan shall be amended, if at all;
and shall make such orders as may be just as to the cost of
hearing such objections.
(3) Except with the leave of the Court for cause shown,
no objections to the plan shall be entertained save such as have
been lodged as provided by section 9.
11. After the High Court has heard and determined all
objections as provided above, the plans as amended as mentioned
above shall be forwarded by the Registrar of the High Court to the
surveyor for alteration in accordance with the orders of the Court,
if any; and after the last of such alterations the surveyor shall
transmit the plan to the Director of Surveys.
12. (1) If no objection to the said plan is lodged within the
time prescribed as mentioned above, or if objection is lodged and
no proceedings are taken within the prescribed time or such
extended time as may be allowed by the Court or a Judge, or if the
said plan is amended by order of the High Court, the Director of
Surveys shall transmit the plan as finally approved by him to the
Minister, who shall lay the same before Parliament. Upon the said
plan being approved by resolution of Parliament, it shall be deemed
to show the correct boundaries of the parcels in the area surveyed
as shown on the said plan.
(2) In this section “Minister” means the Minister
responsible for Surveys.
Determination
of objections by
the High Court.
Plan to be
submitted for
approval of
Parliament.
[16 of 1962].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Trinidad and Tobago Survey Chap. 60:01 9
13. The plan so approved or any copy thereof certified to be a
true copy by the Director of Surveys shall be admissible in evidence
in all Courts, and shall be conclusive evidence of all boundaries of
the parcels in the area surveyed as shown on the said plan.
14. (1) Every owner of land, the boundaries of which have
been defined under this Act and are shown on the approved plan,
shall maintain undefaced and in their proper positions and clear of
vegetation so as to be visible at all times all landmarks placed by
the surveyor to define the said boundaries.
(2) Any owner of land who fails to maintain in the manner
required by subsection (1) the landmarks placed to define the
boundaries of his land is liable on summary conviction to a fine of
four hundred dollars.
15. Any person not duly authorised who knowingly and
wilfully takes away, removes, displaces or alters the situation of
any boundary stone, post, block, bolt or mark which are set up and
placed for the purposes of this Act, or who knowingly and wilfully
defaces, mutilates, breaks or destroys any such boundary stone,
post, block, bolt or mark, is liable on summary conviction to a fine
of four hundred dollars.
16. Any person who wilfully obstructs, hinders, assaults or
resists any surveyor in the execution of his duty under this Act,
or any authorised officer, workman or other person, acting in aid
of such surveyor, is liable on summary conviction to a fine of
four hundred dollars.
17. Any person (other than an authorised officer) who, in
pursuance of notice from any surveyor, attends in the company
of any such surveyor in the ascertaining, surveying and marking
out boundaries of any division, quarter, ward or county under
this Act is entitled to receive for his trouble and loss of time such
sum of money or allowance as the Minister thinks fit for every
day during which such person is employed by or engaged with
such surveyor in the execution of this Act, upon a certificate to
be signed by such surveyor.
Plan approved
by Parliament to
be evidence of
boundaries of
parcels shown
therein.
Owners of land
to maintain
landmarks
defining their
boundaries.
Removing or
defacing
boundary marks,
etc.
Obstructing
survey, etc.
Allowances to
parties, etc.,
attending to
point out
boundaries.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
10 Chap. 60:01 Trinidad and Tobago Survey
18. The amount of compensation for any damages sustained
by the owners or occupiers of land, or owners of trees, as mentioned
above, together with the costs, if any, awarded against any surveyor,
and the allowance to be made to other persons as mentioned above,
shall be a charge on the Consolidated Fund and no surveyor shall
be held personally liable for such compensation, costs or allowance.
19. All acts, matters and things which any surveyor is
authorised to do under the authority of this Act shall in all cases be
subject to the supervision and control of the Director of Surveys.
Payments for
damage.
Supervision by
Director of
Surveys.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
