CHAPTER 324
LAND SURVEY ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

    NOTICES

        The General Cadastral Survey, Tabora

        The General Cadastral Survey

        The Approval of Licence to Practise

    REGULATIONS

        The Land Survey (General) Regulations

        The Land Survey and Surveyors' Regulations

    RULES OF COURT

        The Land Survey (Appeals) Rules of Court

NOTICES

THE GENERAL CADASTRAL SURVEY, TABORA

(Section 7)

G.N. No. 186 of 1959

    It is hereby directed that a general cadastral survey be made of the Township of Tabora.

THE GENERAL CADASTRAL SURVEY

(Section 7)

G.Ns. Nos.
62 of 1960
277 of 1960

    It is hereby directed that a general cadastral survey be made of the following areas–

    (1)    The Ujiji Township.

    (2)    The land described in the following Schedule–

SCHEDULE

    Commencing at the concrete culvert at the junction of the Tanga-Pangani Road and the Tanga Municipal boundary, thence in a easterly direction along the Tanga Municipal boundary to a point 800 feet east of boundary point KB SW; thence in a northerly direction along the Municipal boundary to a point 700 feet south of boundary point Inter MNI; thence in an easterly direction to the boundary of Makorora Estate; thence in a northerly direction along the western boundary of Makorora Estate to its junction with the proposed Ring Road; thence in a southerly and westerly direction along the line of the proposed Ring Road to its junction with Pangani Road; thence in a southerly direction along Pangani Road to the concrete culvert on the Municipal boundary, the point of commencement, as delineated in red on registered Plan No. 11365 deposited with the Commissioner for Lands and Surveys.

THE APPROVAL OF LICENCE TO PRACTISE

(Section 22(b))

    A licence to practise as a Land Surveyor in Canada, Australia, New Zealand, South Africa and Kenya is approved for the purposes of section 22(b) of the Land Survey Act *.

    A licence to practise as a Land Surveyor in Denmark and Zimbabwe is approved for the purposes of section 22(b) of the Land Survey Act *.

REGULATIONS

THE LAND SURVEY (GENERAL) REGULATIONS

(Section 21)

G.Ns. Nos.
173 of 1959
161 of 1990
293 of 1990
187 of 1993
261 of 1993
42 of 1998

PART I
PRELIMINARY PROVISIONS (reg 1)

1.    Citation and interpretation

    (1) These Regulations may be cited as the Land Survey (General) Regulations.

    (2) In these Regulations "the Act" means the Land Survey Act *.

PART II
BOARD OF CONTROL OF LAND SURVEYORS (regs 2-4)

2.    Meetings of the Board

    (1) At every meeting of the Board, each member shall have the right to one vote on any matter under discussion:

    Provided that in the event of an equality of votes the Chairman or, if he is absent, the Deputy Chairman shall have, in addition, a casting vote.

    (2) Subject to the foregoing provisions of this regulation, the decisions of the majority of the members present and voting at a meeting of the Board shall be deemed to be a decision of the Board.

    (3) Every meeting of the Board shall be convened by the Chairman and not less than seven days' notice of the time and place of every meeting shall be sent to every member by the Secretary.

    (4) The Secretary shall keep minutes of every meeting of the Board in a Minute Book kept for the purpose.

3.    Surveyors' register

    (1) The register of surveyors required to be kept under paragraph (b) of section 21 of the Act shall be kept by the Secretary.

    (2) The register shall contain the following information in relation to each licensed surveyor–

    (a)    his name and permanent address;

    (b)    a short statement of all professional examinations passed, together with relevant numbers of certificates of examinations, diplomas, degrees, licences or titles;

    (c)    the date of passing or of exemption from the examination of the Board;

    (d)    a record of any offence against the Act committed by the surveyor or of any conduct by a surveyor leading to the exercise by the Board of any of its powers under paragraphs (i) to (iv) of subsection (1) of section 30 of the Act, of any action taken by the Board under section 30 of the Act, and of the date of any relevant notification in the Gazette.

4.    Registration

    (1) Every person applying for the issue of a licence under paragraph (b), (c) or (d) of section 22 of the Act shall make written application to the Secretary of the Board and shall forward therewith–

    (a)    the original or certified copies of–

        (i)    his licence or equivalent authority to practise in any other country approved by the Minister under paragraph (b) of section 22 of the Act; or

        (ii)    his diploma of the Royal Institution of Chartered Surveyors; or

    (b)    evidence that he has the requisite length of service in Her Majesty's Overseas Civil Service,

whichever shall be appropriate.

    (2) Written evidence shall also be produced giving as full information as is practicable regarding the applicant's career as a land surveyor and the types of work he has undertaken, together with dates and any other information which may be relevant.

    (3) The types of survey prescribed for the purposes of paragraph (i) of the proviso to section 22 of the Act shall be those prescribed for Part II of the examination by regulation 13.

    (4) Every application for the issue of a licence shall be accompanied by tender of the prescribed fee, which shall be refunded if the application is disallowed.

    (5) Every person who has passed or been exempted from both Parts I and II of the examination prescribed under Part III of these Regulations shall, on payment of the prescribed licence fee, be entitled to a licence:

    Provided that no such person shall be entitled to a licence if he has been guilty of any conduct which would, had he been a licensed surveyor, have rendered him liable to admonishment or justified the Board's suspending or cancelling his licence under the provisions of section 30 of the Act.

PART III
EXAMINATIONS (regs 5-15)

5.    Applications for admission to examination and exemption

    (1) Every application for admission to examination under section 23 of the Act shall be made in writing to the Secretary and shall be accompanied by documentary proof that the candidate is eligible under the Act for admission to examination.

    (2) Every application for exemption from examination in any subject under section 24 of the Act shall be made in writing to the Secretary and shall state the grounds upon which the application is made.

    (3) Every application for admission to Part I of the examination shall be accompanied by tender of the prescribed fee.

6.    Examination place and date

    (1) Examinations for licences shall be held at such places and on such dates as shall be notified by the Secretary in the Gazette.

    (2) Every examination shall be in two parts and shall be in the English language.

7.    Appointment of examiners

    (1) The Board shall appoint not less than two examiners to conduct each part of the examination on behalf of the Board.

    (2) The examiners shall report in writing to the Board, giving full particulars of the marks given by them to each candidate in each subject and such report shall be signed by every examiner.

8.    Part I of the examination

    The following subjects shall form Part I of the examination–

    (a)    survey instruments, including the principles of construction, adjustment and use of the following instruments, namely, theodolite, tachometer, plane table, sextant, level, compass, clinometer, barometer, thermometer, steel band, pantograph, planimeter, abney level and simple air survey instruments;

    (b)    principles and practice of surveying, including–

        (i)    triangulation, including quadrilateral, polygonal and raytrace computations, the graphical determination of points, interpolation, reduction of eccentric observations and corrections for displaced signals;

        (ii)    traverse surveys including the reduction of measured lines for sag, temperature, slope and mean seal level;

        (iii)    topographical and tacheometrial surveys;

        (iv)    determination of heights, including use of altimeter;

        (v)    setting out of roads and curves;

        (vi)    computations of areas including such as have irregular and curvilinear boundaries;

        (vii)    adjustment of discrepancies in surveys;

        (viii)    re-determination of boundaries from old plans and documents;

        (ix)    cutting off given areas;

    (c)    methods of field practice as prescribed in the Land Survey Act * and Surveyors' Regulations, including the keeping of field notes and the cross-referencing of records and computations;

    (d)    drawing, including general plan drawing, compilation of plans, drawing of sections and contours, map projections;

    (e)    engineering surveys, including levelling, grading, and measurement of earth works;

    (f)    astronomy and geodesy, including the determination of latitude, longitude, azimuth and time, spherical excess, convergence of meridians and transformation of co-ordinates;

    (g)    knowledge of the following enactments in so far as they relate to the survey and demarcation of land for purposes of making title–

            the Land Act *;

            the Land Registration Act *;

            the Land Registration Rules *;

            the Highways Act *;

            the Town and Country Planning Act *,

        and any Act or rules replacing any of the foregoing;

    (h)    knowledge of the Land Survey Act * and of the Land Survey and Surveyors' Regulations.

9.    Allotment of marks

    Marks in Part I of the examination shall be allotted as follows–

10.    Percentage of marks for a pass in Part I

    (1) A candidate shall not be deemed to have passed Part I of the examination unless he has obtained fifty percent or more of the possible marks in each of the following subjects, namely, principles and practise of surveying, field practice, astronomy and geodesy.

    (2) A candidate shall also be required to obtain sixty percent or more of the total marks possible.

11.    Re-examination

    A candidate who fails to obtain the requisite number of marks in any one only of the three subjects referred to in paragraph (1) of regulation 10 may be allowed, at the discretion of the Board and upon payment of the prescribed fee, to be re-examined in such subject only, provided he has obtained sixty percent of the total marks possible for the whole examination. In such circumstances, the candidate will be required to obtain not less than sixty percent in the subject in which he is re-examined.

12.    Candidates eligible for Part II

    Only candidates who have passed Part I of the examination or who have been exempted by the Board from so passing, shall be admitted to Part II of the examination.

13.    Part II of the examination

    (1) Part II of the examination shall consist of the following trial surveys–

    (a)    survey of a farm property which may involve the use of either traverse methods or triangulation, observations for azimuth and latitude, survey of an irregular boundary or the re-establishment of missing beacons;

    (b)    survey of a township area containing buildings.

    (2) The original field notes, computations and plans of such surveys shall be submitted to the examiners.

14.    Percentage of marks for a pass in Part II

    A candidate shall not be deemed to have passed Part II of the examination unless he has obtained sixty percent or more of the total marks obtainable in each of the two tests set out in subparagraphs (a) and (b) of paragraph (1) of regulation 13.

15.    Conduct of examinations

    (1) The Board shall appoint one or more invigilators to be in attendance during Part I of the examination.

    (2) Logarithmic tables, computing machines and other mathematical aids may be taken into the examination, but text books will not be permitted.

    (3) The examiners in Part II of the examination shall, before the examination, submit for the approval of the Board, particulars of all proposed trial surveys.

PART IV
MISCELLANEOUS PROVISIONS (regs 16-18)

16.    Form of licence

    A licence under the Act shall be in the form set out in the First Schedule.

17.    Fees

    The fees set out in the third column of the Second Schedule shall be charged for the several matters set out opposite in the second column.

18.    Charges

    The charges to be paid for surveys undertaken by the Director or a Government Surveyor, or for other services carried out by the Director or the Department of Lands and Surveys specified in the Third Schedule shall be in accordance with the charges set out in that Schedule.

FIRST SCHEDULE
LAND SURVEYOR'S LICENCE

(Regulation 16)

Section 27 of Land Survey Act

SECOND SCHEDULE
FEES

(Regulation 17)

THIRD SCHEDULE
CHARGES FOR SURVEYS

(Regulation 18)

    2. INCREASES FOR COMPLEX BOUNDARIES

    (a) The charges in section 1 are based on the assumption that a property is 4-sided and only 4 beacons are necessary to define the boundaries. In the case of more complex boundaries there will be an additional charge according to the following table of increases–

    (b) Five percent of the basic charge additional to the increase charged under section 2(a) will be charged for every boundary which is curvilinear provided that the total increase shall not exceed 50 percent of the basic charge.

    3. SUBDIVISIONS

    (a) The charge for subdividing a surveyed piece of land into two portions shall be the charge for the survey of the smaller area less 10 percent for each of the original boundaries forming part of the portion subject to a maximum deduction of 50 percent.

    (b) The charge for subdividing a surveyed piece of land into three or more portions shall be the sum of the charges for each of the portions cut off the whole. The charge for each portion may be reduced by 10 percent for every original boundary or common boundary subject to a maximum deduction of 50 percent in respect of each portion.

    (c) The charge for subdividing an unsurveyed piece of land shall be the sum of the charges for all the portions. The charge for each portion may be reduced by 10 percent for every common boundary up to a maximum reduction of 50 percent in respect of each plot.

    4. EXTENSIONS

    The charge for surveying an extension to a surveyed piece of land shall be the charge for that area less 10 percent for each original boundary line forming part of the extensions up to a maximum deduction of 50 percent.

    5. INCLUSION OF COST OF FIELDWORK AND COMPUTATIONS

    The charges under sections 1-4 include the cost of field work and computations.

    7. AS PRESCRIBED UNDER SECTION SIX

    8. OTHER FIELD WORK

    The charge, for surveys such as detail surveys, re-establishment of boundary beacons etc, shall be Shs. 2,000/- per hour of Shs. 12,000/- per day.

    9. OFFICE WORK

    Scale of charges for checking and examining of surveys. The charge for examining a survey of 10 plots or less shall be 5000/- for the first plot and 500/- for each plot above one.

    The charge for examining a survey of between 10-50 plots shall Shs. 9,500 for the first 10 plots and T.Shs. 300/- for each plot above 10.

    The charge of a survey of 50 plots and above shall be 21,500/- for the first 50 plots and 100/- for each plot above 50.

    There shall be a charge of 2,000/- every time a survey is resubmitted after extra field work.

    10. BOUNDARY DATA

    An additional charge may be made for office work involved in searching into records for information necessary to determine the boundaries and correctness of data.

    The charge shall be Shs. 5000/- per hour or shs. 3,000/- per day.

    11.    OFFICE WORK

    The charge for office work not specified in section 9 and 10 (for example compilation miscellaneous computations etc.) shall be Shs. 500/- per hour or Shs. 3,000/- per day.

    12. SCALE OF CHARGES FOR CHECKING AND EXAMINING OF SURVEYS SUBMITTED TO THE DEPARTMENT OF LANDS AND SURVEYS BY LICENSED SURVEYORS

    The charge of examining a survey shall be as per section 9 subject to plots being surveyed simultaneously on one survey plan.

    SPECIAL PLANS

    15. If plans of a survey are required on drawing paper or tracing cloth, the actual cost of preparation will be charged.

    16. If copies of original plans, original field notes or original computations or photographic prints are required, the actual cost of preparation will be charged.

    GENERAL

    17. Applicants for surveys may be required to deposit in advance the estimated cost of such surveys.

THE LAND SURVEY AND SURVEYORS' REGULATIONS

G.N. No. 174 of 1959

1.    Citation, application and interpretation

    (1) These Regulations may be cited as the Land Survey and Surveyors' Regulations, and shall apply to all surveys carried out by licensed surveyors, other than a survey in respect of which the Director specifies a method of survey under the proviso to section 5 of the Land Survey Act *.

    (2) In these Regulations the expression "the Standard Forms" means the schedules of Standard Forms dated the 21st day of May, 1959, and deposited with the Chief Surveyor.

    (3) A copy of the Standard Forms shall be issued by the Chief Surveyor free of charge to every licensed surveyor upon these Regulations coming into operation or upon his receiving a licence, as the case may be.

PART I
GENERAL TECHNICAL INSTRUCTIONS (regs 2-9)

2.    Units of measurement

    All linear measurements shall be in English feet and decimals of a foot; angular measurements shall be in degrees, minutes and seconds of arc. Where it is necessary to convert for any purpose from English feet to international metres, the following relationships shall be used–

3.    Systems of co-ordinates and projections

    (1) The figure of the earth to be used is the Clark (1880) figure having the following elements–

    (2) Rectangular co-ordinates used for ruling triangulation and for all surveys connected thereto shall be derived from 50 belts of the Transverse Mercator Projection having as central meridians, the meridians 321/2º E. and 371/2º E. with a false origin at a point 10,000,000 feet south of the Equator on the central meridians, and a scale correction of 0.05 percent applied to the Y co-ordinates (eastings). In the absence of suitable control points with rectangular co-ordinates on this projection, rectangular co-ordinates shall be derived from 60 belts of the Universal Transverse Mercator Projection having as central meridians, meridians 330 E. and 390 E. with a false origin at a point 10,000,000 metres south of the Equator on the central meridians and 500,000 metres west of it, and a scale correction of 0.04 percent applied to the Y co-ordinates (eastings).

    Farm and estate surveys shall, wherever possible, be connected to the territorial system of triangulation.

    (3) Standard traverses in townships and local systems of rectangular co-ordinates generally shall be computed on the plane and free from spheroidal complications.

    (4) Wherever possible the datum for every survey shall be the territorial triangulation, but in districts to which the triangulation has not been extended the datum shall be derived from astronomical observations which will be used to determine longitude, latitude and azimuth; in special cases, a magnetic bearing may be adopted. No isolated survey shall be carried out without the Director's written approval, and such approval shall also be obtained before a magnetic bearing is adopted.

4.    Measuring instruments

    (1) Every licensed surveyor shall be responsible for maintaining his theodolite, measuring bands, and all other measuring equipment in good order and the Director may refuse to approve any survey which has been made with defective equipment.

    (2) Every measuring band, tape, thermometer, and spring balance shall be submitted to a suitably equipped Government Survey office before use and thereafter not less than once every year for verification.

    (3) The Director shall assign a unique number to every measuring band submitted to him for verification and shall keep a record of all particulars of every measuring band so submitted.

    (4) When any measuring band is broken the breakage shall be recorded in the field notes.

    (5) The Director may require any licensed surveyor to submit any measuring instrument for his inspection or for verification, and may refuse to approve any survey which has been made with a measuring instrument which is proved to be defective.

5.    Presentation of surveys

    (1) Every licensed surveyor shall present his plan, computations, and connected documents for each survey in accordance with the specimens shown in the appropriate schedules of the Standard Forms. If any licensed surveyor shall forward to the Director any plan, computation, or connected document which does not conform substantially with the appropriate specimen in the said schedules, the Director may, at his discretion, return the plan, computation or connected document until it has been made to conform to the appropriate specimen.

    (2) Every licensed surveyor shall be personally responsible for the accuracy, fidelity, and completeness of every survey presented by him for the approval of the Director and it shall be the duty of every licensed surveyor making any survey under these Regulations, to record all relevant information that may aid in securing the accuracy and completeness of every such survey.

6.    Permissible errors of measurement

    Permissible errors of measurement for every class of work shall be those prescribed in Part III of these Regulations, and the Director may refuse to approve any survey which contains errors in excess of those prescribed.

7.    Information previous to survey

    Before carrying out any survey, every licensed surveyor shall provide himself with all available information in respect of any previous survey of the property or of adjoining properties. Written applications to the Director for information and data shall state whether the land is freehold or leasehold and shall, wherever applicable, make reference to the approval for subdivision. The Director shall furnish all technical information and data in his possession. No charge will be made for data but the Director may charge for every print made by him in this connection, in accordance with the scale of charges specified in the Third Schedule to the Land Survey (General) Regulations.

8.    Right of entry upon land

    It shall be the duty of every licensed surveyor to whom the Director has given an official letter of authority evidencing his right to enter upon land, to present that letter of authority to any owner or occupier of land who demands proof that such surveyor is duly authorised to enter upon such land.

9.    Employment of unqualified assistants

    (1) No unlicensed assistant shall make any measurements in connection with any survey unless authorised by the Director in that behalf.

    (2) Such authorisation shall be given for a period of two years only in the first instance, but may thereafter be renewed for further periods at the discretion of the Director.

    (3) Notwithstanding any such authorisation, every licensed surveyor shall for the purposes of these Regulations be fully responsible for all work performed by his unlicensed assistant.

    (4) Every unlicensed assistant shall clearly indicate which field notes and computations have been made by him and these field notes and computations shall be signed by him and countersigned by the licensed surveyor by whom he is employed.

    (5) All work performed by an unlicensed assistant shall be carried out under the personal direction of a licensed surveyor.

    (6) If the Director discovers that an unlicensed assistant has performed any work which has not been supervised and checked by a licensed surveyor, any written authorisation relating to the unlicensed assistant may be revoked.

PART II
SURVEY MARKS AND BOUNDARY BEACONS (regs 10-22)

10.    Design and specification of survey marks

    (1) Every trigonometrical station, fundamental benchmark and boundary point shall be beaconed with a permanent mark constructed and erected to the designs specified for each type of station illustrated in the First Schedule of the Standard Forms.

    (2) At least two boundary points of an estate survey shall be double beacons. These two boundary points should be intervisible if possible.

11.    Direction trenches

    (1) In all surveys, excepting township surveys and surveys of smallholdings of less than twenty acres, a trench six feet in length and one foot in both width and depth shall be dug at each beacon in the true direction of each boundary.

    (2) On stony ground, a wall of stone of the same dimensions as such a trench shall be built instead of a trench.

12.    Water beacons

    Boundary lines running to an irregular feature such a river or swamp or to a lake or seashore shall be beaconed at a suitable point above flood level or high water mark. No property shall share a water beacon with any property on the opposite site of a river, but shall be independently beaconed on its own bank.

13.    Pointer beacons

    (1) Pointer beacons shall be placed at all estate corners on lines where the adjoining beacon is too far away to be seen or where intervisibility is obstructed by an obstacle.

    (2) Such beacons shall be made of a concrete block in the design shown for a Township Line Beacon in the First Schedule of the Standard Forms and shall be placed at a distance of not less than 300 feet from the corner beacon (if the terrain permits) and accurately in line with the adjoining beacon.

    (3) The actual bearing of such beacons shall be observed by theodolite observations taken after the pointer beacon has been placed in position. Such observations shall consist of two fact rights and two face lefts on different zeros.

14.    Permanent traverse marks

    When rigorous traverses are run in an area where boundary marks are not required, at least twenty-five per centum of all traverse stations shall be permanently marked in groups of three at suitable intervals along the traverse.

15.    Witness marks

    (1) Witness marks shall be placed at all primary and secondary trigonometrical stations. Witness marks shall consist of four iron pins in concrete, two of which shall be surface marks and two underground marks, and shall be in the form illustrated in the First Schedule of the Standard Forms.

    (2) Two rounds of vertical and horizontal angles, one face left and one face right, shall be observed at each trigonometrical station and measurements taken to each witness mark from the trigonometrical station.

16.    Referencing of boundary beacons

    Corner beacons placed on a boundary between a property and a railway reserve shall be referenced by measurement of a bearing and distance to the nearest telegraph pole or kilometre stone.

17.    When a beacon is not required

    Where any corner point in a property boundary coincides with a permanent and easily recognisable feature, such as the corner of a building or a concrete fence post, or is so close to it that a boundary beacon cannot be placed, such corner point need not be beaconed; it must however be co-ordinated and in the latter case referenced to the permanent feature.

18.    Beacons placed on line

    Whenever a beacon is to be placed on line between any two beacons, proof shall be provided that such beacon has been correctly placed on line.

19.    Placing a beacon from computed data

    Where a beacon is placed from computed data, its position shall be proved by an independent field check and computation.

20.    Repairs to damaged beacons

    Whenever the survey of a property is undertaken and an old beacon which is a boundary point of that property is found to be damaged or missing, the surveyor shall take such action as is necessary to re-establish the beacon in its original position and shall make a record of the re-establishment in the field notes.

21.    Missing survey marks

    If a surveyor is required to re-establish a missing survey mark, he shall after re-establishing the same submit fully detailed field notes and computations relating thereto, accompanied by a written report to the Director.

22.    Rail and road reserve beacons

    (1) Where a road or railway passes through property, the centre line of the reserve shall be surveyed and the reserve, plotted at the correct width, shall be shown on the plan.

    (2) Where a road or railway forms the boundary of property and the reserve contains a permanently formed road or permanent railway, the common boundary shall not be beaconed save at its intersection with the adjacent boundaries of the property but the centre line of the reserve shall be surveyed and the reserve, plotted at the correct width, shall be shown on the plan.

    (3) Where a road or railway forms the boundary of property and the reserve does not contain a permanently formed road or permanent railway, the common boundary shall be beaconed so that all existing road works are contained in appropriate positions within the reserve, temporary diversions being ignored.

    (4) In townships, a railway reserve shall be beaconed in such a manner that the distance of any point on a straight line joining two adjacent beacons from the centre line of the track shall not differ from half the specified width of the reserve by more than one foot.

PART III
EXECUTION OF CADASTRAL SURVEYS (regs 23-38)

Cadastral Surveys by Triangulation Methods (regs 23-26)

23.    Permissible angular misclosure

    When the position of a point is fixed by triangulation, the difference between the observed and calculated value of any of the directions used in fixing the point shall not exceed–

24.    Adjustment of cadastral triangulation

    All triangulation for cadastral surveys shall wherever practicable be connected with existing triangulation.

25.    Fixation of corner beacons

    Beacons shall be fixed–

    (a)    by fully observed and well conditioned triangles, in which case computations will conform with the computations in the Second Schedule of the Standard Forms; or

    (b)    by intersection, provided that at least three suitable rays are observed on to the points to be fixed; or

    (c)    by resection, provided that at least four points in favourable positions for fixing are observed; or

    (d)    by any other method which is capable of fixing a point with no less accuracy than that of the methods (b) and (c) above.

26.    Measurement of a base in isolated surveys

    Base lines for estates surveys which are executed by triangulation shall conform to the following requirements–

    (a)    the length of the base line shall generally be not less than one-fourth of the greatest distance across the area to be surveyed but need never exceed 5,000 feet;

    (b)    such base line shall be measured at least once in each direction using a different set of bays, in each measurement;

    (c)    the difference between any two reduced measurements of the base must not exceed one part in fifteen thousand.

Cadastral Surveys by Traverse Methods (regs 27-38)

27.    Permissible linear misclosure

    (1) The standard of accuracy of traverses shall be as follows–

    (2) The Director may, at his discretion, allow a relaxation of the above standards of accuracy in special cases.

28.    Classification of traverses

    When the traverse method is employed for cadastral survey, boundary beacons shall be fixed by rigorous traverses. Detail traverses may be used for the purpose of surveying irregular boundaries or natural features.

29.    Looped traverses to be avoided

    A surveyor shall, wherever possible, connect his traverses to previously fixed points in such a way as to ensure an even distribution of error. Looped traverses with a single point of contact and traverses on a short base shall be avoided.

30.    Linear measurements of rigorous traverses

    Where a steel band is used for linear measurements of rigorous traverses the correct tension shall be applied, and the band temperature recorded for each measurement. Slopes up to 3 degrees may be determined by abney level, but all greater slopes shall be determined by theodolite. Slopes in excess of 10 degrees shall be read on both faces of the theodolite. All measurements of length shall be recorded to the second decimal place of a foot.

31.    Angular measurement of rigorous traverses

    In rigorous traverses at least one arc of observations consisting of at least one round of observations shall be used on each face.

32.    Detail traverses

    (1) A detail traverse shall be closed between rigorously fixed points not more than 10,000 feet apart.

    (2) When tacheometric methods are employed, no distance determined by staff readings shall exceed 600 feet in length.

    (3) When offsets in excess of 100 feet are used, right angles must be set off with either a theodolite or any optical square.

    (4) The detail traverse of an irregular boundary made in the course of an original survey shall be adopted for a subdivision survey save where the Director decides that the frequency and disposition of the offsets taken in the original detail traverse are insufficient to define the irregular boundary for the subdivision survey.

33.    Traverse connections in subdivisions

    In surveys of subdivisions, any traverse made shall include at least three suitable boundary beacons of the property which is being sub-divided.

34.    Lining-in methods

    In surveys of subdivisions when beacons are placed on line between two existing beacons, each segment of the line shall be measured and the total verified against the original length.

35.    Swinging traverses

    The employment of what are technically known as "swinging traverses" and "single bearing and distance fixations" unsupported by independent checks is prohibited.

36.    Identification of beacons

    (1) Where the means exist, all existing beacons used in a new survey shall be identified by measurements taken on the ground and these measurements shall be recorded in the field notes.

    (2) Traverse stations replaced by, or used to establish a boundary beacon shall be similarly identified and measurements recorded in the field notes.

37.    Air survey methods

    Air survey methods may be employed in special cases with the written approval of the Director.

38.    High density residential areas

    (1) In high density residential areas, numbered concrete beacons shall be placed at all block corners and turning points and shall be accurately co-ordinated; intermediate beacons shall be iron pins in concrete.

    (2) All plot sides should be measured unless the line is obstructed, and the measurements recorded in the field notes.

PART IV
FIELD NOTES (regs 39-45)

39.    Use of prescribed forms

    Field notes shall be kept on loose leaves and shall conform as nearly as possible to the form set out in the Third Schedule of the Standard Forms.

40.    Method of recording field notes

    (1) All observations and measurements made in the field shall be recorded clearly and legibly in hard pencil in accordance with the Standard Forms.

    (2) Original notes made in the field at the time of observation shall be submitted to the Director as part of the basic record of the survey.

    (3) All entries in field notes which are not made in the field shall be written in blue or blue-black ink.

    (4) All entries in field notes shall be clearly indexed and cross-referenced to the computations.

41.    Triangulation observations

    (1) The surveyor shall enter in the field notes at each station, the date, time, weather conditions, degree of visibility and any other factor affecting the reliability of the observations.

    (2) Whenever it is necessary for a surveyor to divide his observations into sets, any set after the first shall incorporate at least two stations which have been observed in the preceding set.

42.    Unorthodox methods

    Explanatory notes and computations shall be made in the field notes when unorthodox methods of survey are used. Diagrams to illustrate and amplify the notes shall be made where necessary.

43.    Corrections and erasures

    (1) Erasures shall not be made in field notes. Corrections shall be made by drawing a thin line through the erroneous entry so as to leave the original entry still legible; a corrected entry shall be written adjacent to the erroneous one which it replaced and not across it, and shall be initialled.

    (2) Corrections to field notes may only be made in the field and must be a true record of actual re-measurement or re-observation.

44.    Beacon nomenclature

    Beacons and boundary marks shall be distinguished by a system of lettering and numbering as authorised by the Director.

45.    Description cards for control points

    Sketches showing measurements from permanent detail to permanent traverse and trigonometrical control points shall be made in the field notes. A description card for each control point shall be prepared from the field notes and submitted with the survey.

PART V
COMPUTATIONS (regs 46-51)

46.    Computation forms

    All computations shall be clearly and legibly written on one side of the paper and shall conform as closely as possible to the examples illustrated in the Second and Fourth Schedules of the Standard Forms.

47.    Preliminary computations

    All preliminary and rough computations made during the work and used in connection with the preparation of any plan shall be forwarded to the Director together with the final computations of the survey.

48.    Triangulation computations

    When a survey is based on the territorial triangulation the computations shall be made on the Traverse Mercator Projection used in Tanzania.

49.    Independent checks

    Before forwarding any survey to the Director for approval, the surveyor shall himself make an independent and complete check of all his calculations and such records of checks shall accompany the computations and be clearly demonstrated.

50.    Computation of areas

    (1) Rectilinear areas shall be computed by self-checking methods.

    (2) When any boundary is a curvilinear feature such as a river bank, the total area shall be divided by suitably chosen traverse lines into rectilinear segments; the areas of rectilinear segments shall be computed as in paragraph (1) above, while the curvilinear segments (which shall not exceed 10 percent of the total area) shall be computed from the plan by planimeter or any other standard method such as Simpson's rule.

    (3) Areas to be derived from surveys made in accordance with regulations 23 to 38 shall be computed and rounded off to the following degrees of accuracy–

51.    Presentation of computations

    The records of every survey submitted shall comprise the following–

    (a)    the field notes and computations;

    (b)    a report on the survey containing the matters, and in the form, set out in the Fifth Schedule of the Standard Forms;

    (c)    a complete index to the computations in the form set out in the Sixth Schedule of the Standard Forms;

    (d)    a complete co-ordinate list, cross-referenced to the computation, of all points used in the survey in the form set out in the Seventh Schedule of the Standard Forms;

    (e)    for estate surveys, a data sheet showing bearings and distances along boundaries, and co-ordinates of boundary beacons, in the form set out in the Eighth Schedule of the Standard Forms, co-ordinates being shown to one place of decimals and the bearings (to the nearest 10 seconds) and distances (to one place of decimals) deduced from these co-ordinates;

    (f)    for township surveys, a data sheet showing co-ordinates of boundary beacons to two places of decimals;

    (g)    a beacon certificate, if obtained;

    (h)    description cards prepared in the course of the survey;

    (i)    surveyor's plan.

PART VI
PLANS (regs 52-65)

52.    General

    All plans shall be drawn in waterproof ink on holland-backed paper of not less than foolscap size.

53.    Scales to be used

    The following natural scales shall be used for the plotting of plans–

    (a)    Township and suburban plots–

        1/500; 1/1,000; 1/2,500; and 1/5,000.

    (b)    Estates–

    Insets to larger scale shall be used to clarify any detail which cannot be satisfactorily plotted.

54.    Method of plotting

    All plans shall be plotted by rectangular co-ordinates. Grid intersections shall be drawn in blue ink and set out at intervals not exceeding six inches and shall be in even hundreds or thousands of feet. The grid shall be constructed so as to be parallel to the sides of the drawing paper and shall be oriented so that grid north is in the direction of the top of the sheet.

55.    Conventional signs

    (1) The conventional signs set out in the Ninth Schedule of the Standard Forms shall be adhered to.

    (2) Every survey plan shall be drawn and certified in the same manner as the specimens set out in the Tenth Schedule of the Standard Forms.

56.    Information to be shown on plans

    All public roads and such natural features as have been accurately fixed by survey or have been sketched with reasonable precision shall be shown on plans. All improvements on any plot such as buildings, wells, boreholes, shall be surveyed and plotted on the plan, including pipelines or other improvements which may involve easements or rights of way.

57.    Adjoining boundaries

    Any boundary abutting on the boundaries of the property under survey shall be shown on the plan. Where the plot or plots adjoin a surveyed road, rail or other reserve and when the scale of plotting permits, the boundaries abutting on to the opposite side of the reserve shall be shown.

58.    Triangulation charts

    Where surveys have been made either partly or wholly by triangulation methods, a chart shall be made, if practicable, on the survey plan showing all rays observed from each station.

59.    Curvilinear and irregular boundaries

    When a boundary beacon is not placed at the junction of a straight line boundary and a curvilinear boundary, but on the straight line boundary, the distance from the beacon to the curvilinear boundary shall be given to the nearest foot.

60.    Numerical data to be shown on plans

    (1) In estate surveys the length and bearing of every boundary shall be inscribed when possible along the line to which they refer, and such lengths and bearings shall be deduced from the final co-ordinates. Lengths shall be shown to one decimal place and bearings to the nearest ten seconds.

    (2) In township surveys, reduced measured lengths only shall be shown to two places of decimals. Where no measurement of the boundary has been made, the computed length shall be shown and attention drawn to the fact that it is computed.

    (3) The area of each plot shall be inscribed within the figure to which it refers to the degree of accuracy prescribed in regulation 50. Plot numbers will be allocated by the Director and sufficient space shall be allowed for this information to be added. Any provisional numbers inserted for descriptive purposes shall be in pencil only.

    (4) All data for connections and any other date which serves to clarify or complete any survey plan shall be shown on the plan.

61.    Traverse connections to be shown on plans

    All traverse connections shall be shown on the surveyor's plan in red ink.

62.    Corrections and erasures

    No erasures shall be made after a plan has been drawn up in ink. Corrections shall be made by scoring through the incorrect word, letter, numeral or line, in ink and inserting the correction, which shall be initialled by the surveyor.

63.    Rejection of unsatisfactory plans

    The Chief Surveyor may refuse to accept any plan which, in his opinion, has been carelessly or untidily drawn or is received by him in a dilapidated or damaged condition.

64.    Locality

    The names of the administrative region and district shall be shown on the surveyor's plan. A locality sketch showing nearby townships, villages, railway stations or prominent topographical features shall be drawn. This sketch shall be an inset in the survey plan.

65.    Areas to be shown on plans

    Where a property consists of more than one parcel of land, the area of each parcel shall be shown separately, together with the total area; the areas of any reserves shall also be shown and deducted from the total area.

PART VII
MISCELLANEOUS PROVISIONS (reg 66)

66.    Correspondence and the submission of plans, maps and documents

    (1) All correspondence of an official nature shall be written on one side only of sheets of paper of a size convenient for filing. A margin of at least one inch shall be left on the left-hand side of the paper. Each letter shall refer to one subject only and reference to previous correspondence on the same subject should always be made.

    (2) All maps and plans and connected documents which are forwarded to the Director for approval shall be accompanied by a letter in which such documents are listed in full.

    (3) Plans shall be rolled round a stick, cardboard tube or other suitable device to avoid damage in the post.

RULES OF COURT

THE LAND SURVEY (APPEALS) RULES OF COURT

(Section 31)

G.N. No. 349 of 1960

    1. These Rules may be cited as the Land Survey (Appeals) Rules of Court.

    2. (1) Every appeal to the High Court shall be preferred in the form of a memorandum signed by the appellant or his advocate.

    (2) The memorandum shall set forth concisely and under distinct heads the grounds of objections to the decision or determination appealed from without argument or narrative and such grounds shall be numbered consecutively.

    (3) The memorandum shall be lodged within sixty days of the decision of the Board appealed against, or such further time as the High Court may allow.

    3. The Registrar of the High Court on receipt of a memorandum of appeal shall forthwith send notice of the appeal to the Registrar of the Board who shall, on being served with such notice, transmit with all practicable dispatch to the High Court, Dar es Salaam, the record of the proceedings before it, relevant to the appeal, including the record of evidence (if any) together with any material which may be specially called for. Such record and other material (if any) shall be incorporated in the record of the appeal for the purposes of hearing the appeal but shall be returned to the Board after the determination of the appeal.

    4. (1) The parties to the appeal shall not be entitled to produce additional evidence, whether oral or documentary in the High Court:

    Provided that the High Court may allow any evidence or document to be produced or witness to be examined–

    (a)    if the Board has refused to admit evidence which ought to have been admitted; or

    (b)    if the High Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment; or

    (c)    for any other substantial cause.

    (2) Whenever additional evidence is allowed to be produced, the reason for such admission shall be recorded by the High Court.

    5. The High Court may make such order as to the costs of an appeal as shall seem just.

    6. Order XXXIX of the Civil Procedure Code * in so far as it is not inconsistent with the provisions of the Act or these Rules and is capable of being applied or adapted shall apply to appeals under the Act.

    7. A memorandum of appeal from the decision or determination of the Board to the High Court shall be accompanied by a fee of forty shillings together with any service fee which may be payable, and such fees as are usually payable in the High Court shall apply to all subsequent acts, applications or proceedings. {/mprestriction}