The Exclusive Rights Of Surveyors In Nigeria By Barr. (Surv) Osaretin Ogbebor

 

Every March 21, is Global Surveyors Day. In commemorating with the day, there is the need to highlight the exclusive rights of every practicing Surveyors in Nigeria, in accordance with the provisions of the Law.

 

These Rights Are As Follows -:
1.Every Registered Surveyor has the right to enter any platform, whether land, water or air for the purpose of carrying out measurement, with a view to producing the plan thereof. See Section 19(1) SURCON Act and the Supreme Court case of Alhaji Adebola Olakunle Elias v Chief Timothy Omo-Bare, (1982) All N.L.R 752 and the Guidelines for the Conduct of Survey Practice in Nigeria 2020, which was gazetted as: Federal Republic of Nigeria official Gazette, No. 113, Vol. 107, dated the 20th of July, 2020.

2. It is only the Private Practising Surveyors that have the right to prepare plans that are to be annexed to any registrable instrument for the purpose of registering any title document in Nigeria and lodge the record copies. See the Supreme Court cases in Arabe v. Asanlu (1930) 5-7 S.C. 78; Okedare v. Adebara (1994) 6 N.W.L.R (Pt. 349) 157, Emiri v. Imieyeh (1999) 4 N.W.L.R. (Pt. 599) 442 at 463 and Survey Amendment Decree (now Act), No. 22 of 1977 and the Guidelines for the Conduct of Survey Practice in Nigeria 2020, which was gazetted as: Federal Republic of Nigeria official Gazette, No. 113, Vol. 107, dated the 20th of July, 2020.

 

3. In respect of any case bothering on the declaration of Title to land in Nigerian courts, it is only the plans which are prepared by the Registered Surveyors that are automatically admissible in evidence to show the land in dispute or the land in which the case relates. See Section 151(1)(2) of the Evidence Act and the Supreme Court case of BABATOLA v ALADEJANA (2001) LPELR-696(SC) and the Guidelines for the Conduct of Survey Practice in Nigeria 2020, which was gazetted as: Federal Republic of Nigeria official Gazette, No. 113, Vol. 107, dated the 20th of July, 2020.

 

4. It is the fully Registered Surveyors that have the right to appear as expert witnesses whenever issues bothering on the identity of the land in dispute becomes relevant in the Court. See the Supreme Court cases in: Dweye V. Iyomahan (1983) 8 S.C. 76 at 85; Adene V. Dantubu (1994) 2 SCNJ 130 at 146 and Rabiu V. Amadu (2013) 2 NWLR (Pt.1337) 36 at 52 and the Guidelines for the Conduct of Survey Practice in Nigeria 2020, which was gazetted as: Federal Republic of Nigeria official Gazette, No. 113, Vol. 107, dated the 20th of July, 2020.

 

5. The fully Registered Private Practicing Surveyors are the only professionals eligible to own, run and operate a private office for the purpose of carrying out Surveying Services. See Section 13( 6)(iv) of the SURCON Act and the Guidelines for the Conduct of Survey Practice in Nigeria 2020, which was gazetted as: Federal Republic of Nigeria official Gazette, No. 113, Vol. 107, dated the 20th of July, 2020.

 

6. It is only the Private Practicing SURCON Registered Technicians, Technologist, Pupil Surveyors and Surveyors that are eligible and entitled to collect Survey Fee for survey services rendered in their respective professional capacities, based on their qualifications. See Section 18(1)(a) of the SURCON Act and the Guidelines for the Conduct of Survey Practice in Nigeria 2020, which was gazetted as: Federal Republic of Nigeria official Gazette, No. 113, Vol. 107, dated the 20th of July, 2020.

7. It is only the fully Registered Private Practicing Surveyors that have the right to recover through the process of law (to institute an action in court), in order to recover survey fees or other valuable consideration with respect to services rendered in their capacities as Surveyors. See Section 20 of the SURCON Act.

 

Osaretin Ogbebor, Is A Legal Practitioner, as Well As Qualified Surveyor. He Could Be Reached Via-: Call Or WhatsApp On +2348022297824