Revised Laws of Saint Lucia (2021)

18.   Power of surveyor to enter land

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   (1)   When a surveyor intends to survey any land he or she shall give at least 7 days' notice of his or her intention, in the Form in Schedule 3 or to the like effect, to the owner or occupier of the adjoining lands. Similar notice of the land to be surveyed and the time fixed for the survey must also be given by the surveyor to the Chief Surveyor.

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   (2)   This section does not prevent the parties interested in the lines about to be run from agreeing in writing to have the said lines run and established without notice. However, a copy of such agreement certified by the surveyor to be correct, and a notice in the Form in Schedule 3 or to the like effect that such a survey by agreement has been commenced, shall be given by the surveyor to the Chief Surveyor not later than the 7th day after the commencement of such survey.

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   (3)   After giving notice as aforesaid and before the time appointed, a surveyor, with his or her necessary instruments may enter upon land adjoining the land about to be surveyed by him or her, and he or she may make traverses for the purpose of gaining information, but he or she shall not run or mark any boundary lines.

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   (4)   Any surveyor who fails to comply with any of the foregoing provisions of this section commits an offence against this Act.

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   (5)   Compensation shall be payable for any damage done to any land by reason of the exercise of the powers contained in sub-sections (1) and (3).

However, any aggrieved landowner claiming compensation shall make such a claim within 90 days from the date of damage to such land.

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   (6)   Where a surveyor is a Government employee compensation shall be assessed in accordance with the procedure set out in section 17.

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   (7)   Where the surveyor is not a Government employee any compensation payable shall be subject to agreement between the surveyor and the aggrieved party or parties.

However, where such agreement is not possible the Chief Surveyor shall sit as arbitrator and in default of agreement between the Chief Surveyor and all persons concerned compensation shall be determined by a magistrate as set out in section 17. No compensation is payable out of public revenues for damage to land by reason of the exercise by a surveyor who is not a Government employee of the powers contained in subsection (1).

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   (8)   When a surveyor after having given notice of survey as aforesaid is unable to begin the survey on the day appointed, he or she shall give notice of such inability to the parties concerned before the day appointed and shall give fresh notice before beginning the survey.

However, nothing herein contained shall prevent the parties interested from agreeing in writing to dispense with any such further notice.

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   (9)   If a surveyor, after having begun a survey, is unable to continue it to its conclusion, he or she shall before again proceeding therewith, give 48 hours' notice of his or her intention to resume such survey, stating when he or she will proceed.

However, nothing herein contained shall prevent the parties interested from agreeing in writing to dispense with such notice.