Survey Act, 1962 Act 127 (Revised Edition)

ACT 127
Survey Act, 1962
ACT 127
SURVEY ACT, 1962
ARRANGEMENT OF SECTIONS
Geological and Soil Survey
Surveys
SECTION
1. Geological survey.
2. Soil suivey.
3. Notice to be given to owner of land.
4. Penalty.
Demarcation and Survey ofLands
Qualification and Registration ofSurveyors
5. Official surveyors and licensed surveyors.
5A. Licensed surveyors to pay practising fee.
6. Unqualified person not competent to survey land.
7. Register of licensed surveyors.
8. Licensed surveyors to eport annually.
9. Records to be entered in register.
System of Work
10. Errors in survey work.
11. Power to direct survey.
12. Power to enter on lands.
13. Notice to procure attendance.
14. Clearing of boundary line.
15. Compensation for damage done by clearance.
16. Ei ection of boundary marks.
17. Boundary marks under charge of owners.
18. Re-erection and repair of boundaiy marks.
19. Duties of local authority.
Penalties
20. Penalty for destroying boundaiy marks.
21. Refusing to comply with orders.
22. Obstructing suivey.
23. Non-standai disation.
Miscellaneous
24. Regulations.
25. Interpretation.
26. Repeals.
Vn —2251 [Issue 1]

mply with orders.
22. Obstructing suivey.
23. Non-standai disation.
Miscellaneous
24. Regulations.
25. Interpretation.
26. Repeals.
Vn —2251 [Issue 1]

ACT 127
Survey Act, 1962
ACT 127
SURVEY ACT, 19621
AN ACT to consolidate, with amendments, the law relating to geological, soil and
land survey. Geological and Soil Suivey
Surveys
1. Geological survey
The Director of Geological Survey and an officer of the Geological Survey Depart
ment may
(a) go to a part of the surface of a land or an underground passage or working
under the land in order to make surveys, take samples, make boring and do
and cause to be done the things necessary for carrying out the geological
survey of that land or for making a report on that land;
(b) call for the production of, inspect and take copies or extracts from, the
books, papers, plans and documents dealing with prospecting or the opera
tion of mining of a land which is the subject of a mining concession. 2. Soil survey
A public officer whose duties include the survey of soil and who is authorised by the
Minister may go to a part of the surface of a land in order to make a survey, make bor
ings, dig, take samples and do and cause to be done the things necessary for carrying out
a soil survey on the land or making a report on the land. 3.

ings, dig, take samples and do and cause to be done the things necessary for carrying out
a soil survey on the land or making a report on the land. 3.

Notice to be given to owner of land
A reasonable notice in writing of an intention to exercise any of the powers men
tioned in section 1 or 2 shall be given to the local authority in the area who or which in
turn shall inform the owner or the person in possession of the land. 4. Penalty
A person commits an offence and is liable to a fine not exceeding two hundred penalty
units, if that person
(a) without reasonable excuse obstructs, resists or interferes with an officer
mentioned in section 1 or section 2 while that officer is performing a func
tion under this Act, or
(b) refuses or neglects to produce a document required under section 1 (b). 1. The Act was assented to on 20th June, 1962. [Issue 1] VII — 2252

ct, or
(b) refuses or neglects to produce a document required under section 1 (b). 1. The Act was assented to on 20th June, 1962. [Issue 1] VII — 2252

ACT 127
Suivey Act, 1962
Demarcation and Suivey of Lands
Qualification and Registration of Surveyors
5. Official surveyors and licensed surveyors
The Minister may appoint official surveyors, and the Chief Survey Officer may, with
the prior approval of the Minister, license private surveyors, whose functions are to de
marcate boundaries and to make surveys of lands. 5A. Licensed surveyors to pay practising fee
(1) A surveyor licensed under section 5 shall not perform a function specified in that
section or in section 6, unless the licensed surveyor complies with subsection (2). (2) A surveyor referred to in subsection (1) shall pay an annual fee of four hundred
thousand cedis to the Chief Survey Officer on or before the thirty-first day of January of
each year.2
(3) A licensed surveyor who performs a function in contravention of subsection (1)
commits an offence as is liable on summary conviction to a fine not exceeding two hun
dred penalty units or to a term of imprisonment not exceeding six months, and is not enti
tled to recover, by civil action or otherwise, a fee, reward or disbursement on account of
or in relation to an act done in the course of that practice.3
6.

o recover, by civil action or otherwise, a fee, reward or disbursement on account of
or in relation to an act done in the course of that practice.3
6.

Unqualified person not competent to survey land
(1) A person, other than an official surveyor, a licensed surveyor, or a public officer
making or preparing a plan in the course of duty shall not survey a land for the purpose of
preparing a plan for attachment to an instrument of conveyance, lease, assignment,
charge, or transfer. (2) A person who is not an official surveyor or a licensed surveyor, shall not certify a
plan. (3) A person who contravenes a provision of this section commits an offence and is
liable on summary conviction to a fine not exceeding two hundred penalty units or to a
term of imprisonment not exceeding six months. (4) This section does not apply to the mere copying of a plan. 7. Register of licensed surveyors
(1) The Chief Survey Officer shall keep at Accra a register of licensed surveyors, and
the Regulations shall be communicated by the Chief Survey Officer to a licensed sur
veyor whose name is on the register. (2) A licensed surveyor shall keep a copy of the Regulations up to date, and shall
produce the Regulations for inspection by an official surveyor when called on to do so. 2.

shall keep a copy of the Regulations up to date, and shall
produce the Regulations for inspection by an official surveyor when called on to do so. 2.

A proviso to subsection (2) provided that “the fee for the year 1974 shall be paid on or before the 30th day
of September, 1974.”
3. Inserted by section 1 of the Survey (Amendment) Decree, 1974 (N.R.C.D. 283). Section 2 of that Decree
also piovided that section 5A shall be deemed to have come into foice on the 23rd day of August, 1974. VII — 2253 [Issue 1]

. Section 2 of that Decree
also piovided that section 5A shall be deemed to have come into foice on the 23rd day of August, 1974. VII — 2253 [Issue 1]

ACT 127
Suivey Act, 1962
8. Licensed surveyors to report annually
A licensed surveyor shall, before the 15th day of January in each year, report in writ
ing to the Chief Survey Officer at Accra, the full name and postal address of the surveyor,
for entry in the register, and shall report a subsequent change of address or name that
takes place. 9. Records to be entered in register
A record shall be made in the register referred to in section 7 against the name of a li
censed surveyor
(a) who has performed a creditable work or service under the Government or a
public body, or
(b) whose licence is revoked or suspended. System of Work
10. Errors in survey work
(1) Where the work of a licensed surveyor is not performed in accordance with this
Act and the Regulations or the work is found to contain errors, the Chief Survey Officer
may
(a) call on the licensed surveyor to do the work in accordance with this Act
and the Regulations, or to rectify the error, or
(b) call on another licensed surveyor to rectify the error.

o do the work in accordance with this Act
and the Regulations, or to rectify the error, or
(b) call on another licensed surveyor to rectify the error.

(2) Where an error is rectified under subsection (1) (b) the Chief Survey Officer shall
call on the licensed surveyor responsible for the error to pay the expenses of the
rectification. (3) Where the licensed surveyor mentioned in subsection (2) fails to pay the ex
penses, the Chief Survey Officer may, as nominal plaintiff, by suit recover the costs of
the suit and the expenses of the rectification. (4) A certificate signed by the Chief Survey Officer certifying the amount of the ex
penses referred to in subsection (2) is prima facie evidence, without proof of signature, of
the amount due. (5) A licensed surveyor who wilfully renders a false certificate on a plan prepared
under this Act and the Regulations commits an offence and is liable on conviction to a
fine not exceeding two hundred penalty units or to a term of imprisonment not exceeding
six months. 11. Power to direct survey
The Chief Survey Officer may direct that the boundaries of a land shall be demar
cated, or that a survey shall be made of a land, or direct both the demarcation and the
survey. [Issue 1] VII — 2254

undaries of a land shall be demar
cated, or that a survey shall be made of a land, or direct both the demarcation and the
survey. [Issue 1] VII — 2254

ACT 127
Sia-veyAct, 1962
12. Power to enter on lands
An official or licensed surveyor may with agents, servants and workmen, enter on a
land which that surveyor is appointed to demarcate or survey, and may make the enquir
ies and do or cause to be done the things that are necessary for effecting the demarcation
of the boundaries and the survey of that land. 13. Notice to procure attendance
(1) A surveyor, demarcating or surveying a land, shall serve a notice on the owner or
a person occupying or otherwise interested in the land abutting on that land or on a per
son employed on or connected with the management or cultivation of that land, requiring
that person to attend personally, or by agent, before the survey or at the time and place
stated in the notice, for the purpose of pointing out the boundaries of the land, or of af
fording the needed information for the purpose of the survey or demarcation.

ice, for the purpose of pointing out the boundaries of the land, or of af
fording the needed information for the purpose of the survey or demarcation.

(2) The surveyor may issue a notice calling on a person who is able to give an infor
mation in respect of the boundaries of the land, or in whose possession or power a docu
ment relating to the boundaries is alleged to be, to attend before the surveyor and give the
information or produce the document on the date and at a place specified in the notice. 14. Clearing of boundary line
(1) A person desiring the land of that person to be demarcated or surveyed or both
may apply to the Chief Survey Officer to have the land demarcated, surveyed or both. (2) The Chief Survey Officer may require a person making an application under sub
section (1) to clear the boundary or any other line for the purpose of the demarcation or
survey of the land by cutting down and removing any trees, bush, fences or growing crops. (3) The Chief Survey Officer may employ labour for the purpose of clearing the
boundary or line mentioned in subsection (2), and the cost of labour shall be borne by the
applicant. (4) A certificate signed by the Chief Survey Officer certifying the cost of labour is
prima facie evidence, without proof of signature, of the cost of labour. 15.

icate signed by the Chief Survey Officer certifying the cost of labour is
prima facie evidence, without proof of signature, of the cost of labour. 15.

Compensation for damage done by clearance
(1) Where compensation is claimed as a result of a clearance of a line in accordance
with a direction of the Chief Survey Officer under section 11, the surveyor shall assess the
value of the trees, bush, fences or growing crops which have been cut down or removed,
and pay or tender to the owners the amount of compensation which may be allowed. (2) A dispute arising concerning the sufficiency of the amount so paid or tendered
shall be determined by the District Magistrate of the district on an application made for
that purpose by either of the disputing parties. 16. Erection of boundary marks
A surveyor may, where the boundar ies of a land under survey have not already been
correctly marked in the prescribed manner by the owner of the land, mark out the
boundaries of the land according to the manner of marking prescribed by the Regulations. Vn — 2255 [Issue 1]

er by the owner of the land, mark out the
boundaries of the land according to the manner of marking prescribed by the Regulations. Vn — 2255 [Issue 1]

ACT 127
Suivey Act, 1962
17. Boundary marks under charge of owners
(1) The Chief Survey Officer shall serve a notice on an owner and place under the
owner’s charge, the boundary marks erected on the boundary of the owners’ land. (2) An owner shall preserve the boundary marks placed under the owner’s charge and
shall give immediate notice to the Chief Survey Officer if the marks are damaged, de
stroyed, removed or require repairs. 18. Re-erection and repair of boundary marks
(1) The Chief Survey Officer on becoming aware that a boundary mark is damaged,
destroyed, removed, or requires repair, may cause the mark to be re-erected, restored, or
repaired. (2) The Chief Survey Officer may by suit recover with the costs of the suit and the
expenses incurred in respect of the re-erection, restoration, or repair from the owner who
was bound to preserve the mark. (3) A certificate signed by the Chief Survey Officer certifying the amount of the ex
penses is prima facie evidence, without proof of signature, of the amount due. 19.

signed by the Chief Survey Officer certifying the amount of the ex
penses is prima facie evidence, without proof of signature, of the amount due. 19.

Duties of local authority
A local authority
(a) shall endeavour to prevent the destruction, damage or alteration of a
boundary mark within the limits of its jurisdiction, and
(b) shall where it becomes aware that a mark is destroyed, damaged or altered,
report immediately to the nearest Survey Division the destruction, damage
or alteration. Penalties
20. Penalty for destroying boundary marks
A person who wilfully or unlawfully destroys, moves or alters a boundary mark, or
who wilfully destroys, moves or alters a survey mark, commits an offence and is liable to
a fine not exceeding two hundred penalty units or to a term of imprisonment not exceed
ing six months, or to both the fine and the imprisonment. 21. Refusing to comply with orders
A person who fails to comply with an order, contained in a notice duly served under
this Act commits an offence and is liable to a fine not exceeding one hundred penalty
units. 22.

ith an order, contained in a notice duly served under
this Act commits an offence and is liable to a fine not exceeding one hundred penalty
units. 22.

Obstructing survey
A person who wilfully obstructs, hinders or resists an official or a licensed surveyor in
the execution of a duty in ascertaining and marking out of boundaries of a land under this
Act, or a workman or any other person acting under the direction of the surveyor, com
mits an offence and is liable to a fine not exceeding two hundred penalty units. [Issue 1] VII —2256

n acting under the direction of the surveyor, com
mits an offence and is liable to a fine not exceeding two hundred penalty units. [Issue 1] VII —2256

ACT 127
Survey Act, 1962
23. Non-standardisation
A licensed surveyor who is found on inspection by the Chief Survey Officer or that
officer’s representative to be ignorant of an error of the steel tape or chain, or to be work
ing with a tape or chain not properly compared with an authorised standard in accordance
with this Act, commits an offence and is liable to a fine not exceeding twenty-five pen
alty units for each occasion on which the offence is committed. Miscellaneous
24. Regulations
The Minister may, by legislative instrument, make Regulations,
(a) prescribing the forms of certificate for the certification of plans by licensed
surveyors;
(b) for the submission of applications for, and the giant of, a surveyor’s licence;
(c) for the method of survey and supervision of survey work;
(d) prescribing fees for survey work for official and licensed surveyors;
(e) for any other matter, including fees, which is to be prescribed or is to be
provided for by the Regulations;
(f) for the conduct and holding of examinations; and
(g) for giving full effect to this Act. 25.

escribed or is to be
provided for by the Regulations;
(f) for the conduct and holding of examinations; and
(g) for giving full effect to this Act. 25.

Interpretation
In this Act, unless the context otherwise requires,
“cadastral plan” means a map or plan purporting to show boundaries of land
with accuracy, and giving exact measurements by which the boundaries may be de
marcated on the ground, which map or plan is made in conformity with the result of a
survey carried out by an official surveyor or licensed surveyor to be certified by that
surveyor, and requiring, whether made by an official surveyor or by a licensed sur
veyor, to be approved by the Chief Survey Officer or a person appointed by the Chief
Survey Officer for that purpose;
“certified plan” means a map or plan purporting to show boundaries of land with
accuracy and giving exact measurements by which the boundaries may be demarcated
or re-demarcated on the ground, which plan is certified by a licensed surveyor in ac
cordance with this Act;
“Minister” means the Minister responsible for Soil Survey;
“ owner” includes an occupier;
“Regulations” means Regulations made under this Act. VII — 2257 [Issue 1]

ans the Minister responsible for Soil Survey;
“ owner” includes an occupier;
“Regulations” means Regulations made under this Act. VII — 2257 [Issue 1]

ACT 127
Suiyey Act, 1962
26. Repeals
Spent.4
4. The section provided that,
“(1) The following enactments are hereby repealed:
The Survey Ordinance (Cap. 132).
The Geological Survey (Facilities) Ordinance (Cap. 148).
The Soil Survey (Facilities) Ordinance (Cap. 156).
(2) Every statutory instrument made or every licence or certificate granted under an enactment repealed
by this Act and in force immediately before the commencement of this Act shall continue in force as
if made or granted under the corresponding provision of this Act.”
[Issue 1] VII — 2258