The Tamil Nadu Survey and Boundaries Act, 1923 (1923)

What the law covers

The Tamil Nadu Survey and Boundaries Act, 1923 applies throughout Tamil Nadu. It consolidates and amends the law relating to land surveys and the settlement of boundary disputes.

The Act defines a survey broadly. It includes determining, measuring and recording a boundary or part of a boundary, operations connected with those tasks, and resurveying land. A survey mark is any mark or object used or specified by a survey officer to identify or help determine the position or level of a point.

Who may be affected

The Tamil Nadu Survey and Boundaries Act, 1923 may affect:

• People recorded in village Government accounts as holders of Government land.
• People lawfully managing Government land in circumstances covered by the Act.
• Proprietors of estates registered with the district Collector.
• Joint holders, tenants and other people interested in surveyed land.
• Owners or occupiers whose land boundaries or survey marks are examined or recorded.

For joint registrations, the Act identifies the recognised manager, or in a dispute the person recognised by the Collector as the senior joint holder, as the proprietor or registered holder for its purposes.

Main provisions

The Tamil Nadu Survey and Boundaries Act, 1923 provides for:

• Appointment of survey officers and prescription of their jurisdiction by the State Government.
• State Government directions to survey Government land or any boundary of Government land.
• Publication of survey notifications as notice to interested people.
• Determination and recording of undisputed and disputed boundaries by survey officers.
• Notice to registered holders and parties affected by boundary decisions.
• Appeals against specified boundary orders and a period for filing those appeals.
• Notification when demarcation has been completed.
• A civil court suit within three years to establish a claimed right concerning a surveyed property boundary.
• Responsibility of registered holders for maintaining survey marks.
• Survey of estates in specified cases and recovery or apportionment of survey costs.
• Entry onto land, examination of land and clearance of obstructions.
• Summoning witnesses, requiring documents and referring matters to arbitration.
• Rule-making by the State Government and protection for acts done in good faith.

Practical relevance

A buyer or owner dealing with a surveyed boundary should check whether a survey notification, boundary order, appeal or completed demarcation affects the property. The statutory responsibilities concerning survey marks and the possibility of survey costs may also be relevant to registered holders, proprietors and tenants.