Property
Subdivision

Property subdivision and consolidation are referred to as cadastral surveys. Many local authorities support the concept of property subdivision to densify the existing urban areas, prevent urban scrawl and improve economic thresholds. Homeowners find property subdivision a useful way of reducing debt by disposing of portion of their land. Other benefits of subdivision include: improved security as a result of more confined living, costs savings in having a smaller yard to maintain and reduced property rates.

A brief outline of the procedures involved in subdividing a property into two or more additional portions are as follows:

Step 01
Firstly the land surveyor obtains the relevant information from the various authorities in order to prepare and submit an application to the local authority and to the various statutory departments to request permission to subdivide the property.

Step 02
Once the statutory approvals for subdivision have been granted the land surveyor places beacons to demarcate the subdivided portions and any servitudes that might be required.

Step 03
The subdivision approval referred to in paragraph (1) is generally issued subject to certain conditions that are imposed by the authorities. The developer or client then has to comply with these conditions of subdivision. Typical examples are extending the sewer line, building a sewer inspection chamber or dealing with stormwater management of the site.

Step 04
On completion of the field survey the land surveyor prepares a survey diagram or general plan which depicts the subdivided portions of land and also provides details on the dimensions of the boundaries, the extent of the land and shows the servitudes.

Step 05
The survey diagram or general plan and the land surveyors records are then submitted to the Office of the Surveyor General who examines the technical aspects of the land survey process to ensure that all the statutory approvals are in place and to check that the survey has been done in accordance with the Land Survey Act (8 of 1997).

Step 06
Once approved by the Surveyor General the individual properties can be registered at the Deeds Office and this process is dealt with by a conveyancing attorney. The attorney attends to the registration process and transfers the subdivided portions to a purchaser but can only do so once the conditions of approval referred to in paragraph (3) have been complied with.