Appearing at a Survey Site for a Section 18 Notice

A Section 18 Notice is an official notification sent to landowners when an adjoining owner has initiated a fixed boundary survey involving one or more of their shared boundary lines. Its primary purpose is to inform you that your boundary is being fixed as part of this survey, and to invite you to attend an on-site meeting where the boundary markers will be demonstrated.

It is important to note that a Section 18 Notice is not required for a surveyor to enter land and carry out a cadastral survey. Entry for survey purposes is governed by Section 16 of the Land Surveyors Act, which authorises surveyors to enter land (with assistants, if necessary) to conduct surveys and install survey marks, provided reasonable notice is given. By contrast, the Section 18 Notice is specifically intended to notify landowners that their boundary position is being fixed and to provide an opportunity for them to observe and raise questions.

The survey itself is always carried out before the date specified in the Section 18 Notice, so that the boundary markers are already in place at the time of the demonstration.

What to do if you receive a Section 18 Notice

If you receive a Section 18 Notice from a neighbouring property owner or their surveyor, you should:

• Review the Notice - Read the notice carefully to understand the details of the survey, including the date, time, and scope of the boundary demonstration. If you wish to attend, it is essential to inform the surveyor (attendance cannot be assumed without your prior indication of interest.)
• Attend hte Demonstration - You are entitled to attend at the specified date and time. This gives you the chance to see the boundary markers in place, ask questions, and understand how the survey affects your property.
• Engage the Surveyor - If you have concerns, communicate directly with the surveyor either beforehand or during the demonstration. Early and clear communication helps address issues efficiently.
• Allow reasonable Access - Unless you have lawful grounds to object, you should allow the surveyor access to your property. Unreasonably preventing access may expose you to legal consequences.
• Keep Records - Maintain a record of all communications, notices, and observations. These may be valuable if a dispute arises later.

If you are uncertain about the implications of the fixed boundary survey, obtain independent legal advice. A lawyer can explain your rights and help you decide on the best course of action.