OFFICIAL COORDINATES, LAWFULLY ESTABLISHED MONUMENTS AND SOUTH AFRICAN CADASTRAL SURVEYS

摘要

The major difficult}' in implementing a coordinated cadastre is the status of mathematical evidence versus the position of original monuments in deciding the most probable position of a boundary. In 1962, South Africa did give legal recognition to the principles underlying a mathematical cadastre in that the Surveyor General could assign official coordinate values to a particular parcel corner. However, this was seldom, if ever, done, even though the proportion of cadastral parcels that are surveyed on an integrated coordinate system is probably higher than in most other countries. One reason is that the consequences of assigning greater weight to mathematical evidence rather than the physical positions of original monuments resulted in a number of complex court cases in the latter part of the 19th century and the early 20th century. In South Africa, the curtain principle can be applied to the positions of restored monuments. Once a dispute over a doubtful boundary is resolved, it is likely to become lawfully established, whereupon its position becomes indefeasible. However, similar to a deed, the coordinates assigned to that position only affirm the parcel corner's position. They do not constitute it, albeit that nowadays the coordinates are considered very strong evidence of the parcel corner position. However, coordinates can be rejected as evidence if they are in error.