The Relevance of a Survey Plan

The Relevance of a Survey Plan
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Some people like to ask ‘what is the relevance of a survey plan?’.
A survey plan’s primary purpose is to prove the identity of a land which comes handy when a dispute ensues.
A survey plan becomes of utmost importance for any success to be attained in any land suit. A plaintiff seeking for declaration of title to land has a cardinal duty to show with certainty, the area of land being claimed, failure to do so makes his or her claim to be at risk of being dismissed.
Hence, a land survey plan is a specialized map of a parcel of land, created by thoroughly examining and measuring the property. It determines and delineates boundary locations, building locations, physical features and other items of spatial importance.
More than just a diagram of the property, a land survey plan is an important legal document that displays the exact legal borders of the property and applicable aspects of the registered title.
The definition of a surveyor according to Section 2 of the Survey Act means a “Surveyor licensed or deemed to be licensed under the Surveyors Registration Council of Nigeria Act”
The purpose of a survey plan in a land dispute is to show graphically the morphology of an area in dispute, its extent and size. Where a plaintiff desires to draw up or cause to be drawn up a survey plan showing the land in dispute, such a plan must show clearly the dimensions of the land, the boundaries and other salient features. That is how delicate a survey plan is.
There are instances when a land survey plan becomes inconsequential in a land litigation or in the proper determination of issues arising from a land suit. The court considers in such instances the necessity of survey plan for the proper trial of the action. Therefore a survey plan is not necessary at the under-listed times;
1. When there is a proper identification of the disputed land via the evidences put forward or admitted into court.
2. Where the land in dispute is known to both parties or is clearly ascertainable whether from the averments in pleading or otherwise and its area, exact location and precise boundaries on the ground are either unmistakably and appropriately pleaded or are admitted or acknowledged by the defendant, the non-production in evidence of the survey plan of such land cannot be a matter of great moment and does not dis-entitle the plaintiff from maintaining an action in respect of title, trespass or injunction over such land.
However, a survey plan becomes necessary when the following arise:
1.It is settled law that, where the identity of the land in dispute is in dispute, there is need to produce a survey plan particularly if the facts produced in evidence cannot establish with certainty, the identity of the said land.
2. Where parties file different survey plans on both side, it will be the duty of the party who disputes the identity of the land (and who wants to succeed), to file a composite plan where it becomes necessary or as the court may direct at the trial. The purpose of filing a composite plan is to fix and delimit the land in dispute
3. Where a plaintiff pleads and serves the defendant a survey plan which is subsequently admitted in evidence as exhibit and which shows the boundaries and features on the land in dispute, this will constitute sufficient proof of the boundaries and features set out in the land in dispute.
A defendant who intends to challenge or dispute such boundaries or features as shown in the survey plan must do so by specifically traversing the plaintiff’s pleading in that regard, because a mere general traverse will be insufficient.
In the event that a plaintiff tenders a survey plan of the land in dispute, and the plan is admitted without objection while the defendant fails to file a counter claim, the defendant cannot be heard to contend that the plaintiff did not prove with certainty the.
#ALWAYS_CONSULT_A_SURVEYOR_NOT_A_ QUACK