I feel we are all islands-in a common sea

Boundary marks often get knocked out for a variety of reasons or go missing. People often forget where they are located over time or they simply can't find them in the bush that grows rapidly after a bit of rain. Sometimes they think a mark has been moved or they want clarification that the mark is in the right place. In these cases, the proprietor does not necessarily need a complete boundary survey conducted and a survey plan drawing and registered if there is an existing survey plan defining the boundaries, they simply need the marks finding and replacing.

The normal process of replacing boundary marks would not be to simply replace the missing marks but to also check the other marks on the property because this will help verify the locations of the missing marks with respect to the registered plan. Therefore it's not quite as simple as just replacing one or two marks. In all cases a surveyor should find as many of the other marks as possible first before replacing any missing marks. This is the only way to be absolutely certain of their position.

Boundary verification/replacement can take a considerable amount of fieldwork to stake out and locate original marks before being able to replace your missing marks. The more original marks found the better it is to be able to replace your marks with absolute certainty.

One point of note regarding boundary marks. The Land Surveyors Ordinance puts the responsibility of securing boundary marks (once they have been placed in the ground by the surveyor) on the individual property owner. It is a good idea to concrete your marks to make them more permanent, or put a 3 or 4 foot length of PVC pipe over them so they are easily visible and easy to find when the bush gets thick.

Subdivision Surveys

A subdivision simply divides up a property into smaller lots. There are many reasons why someone would want to subdivide a property but the most common reason is for selling the lots or to distribute the land to their family. Sometimes the whole property is subdivided or often only one or two lots are taken out of a parcel.

There are many factors to consider when thinking about a subdivision such as the number and size of the lot or lots that you want to take out, the gradient of the parcels and how to provide access to all of the individual lots. Every subdivision must first be approved by the Town and Country Planning Department and they have guidelines on the sizes of lots that they will approve. A good guideline is no less than 0.25 acre lots on flat land, 0.33 acre lots on gently sloping land and 0.40 acre or larger(preferably larger because of access issues) on steeply sloping land.

There is a process that must be followed in order to do any subdivision and unfortunately it is not a quick and simple process. The steps that must be taken are as follows.

• Once a person has decided on the approximate sizes and number of lots a 'proposed subdivision design' is drawn that makes up part of the subdivision application for planning approval. This drawing shows the number of lots, their sizes, how they are accessed, gradients of the lots and the access roads and any easements that the lots will benefit from or be burdened with.
• A subdivision application is submitted to the LDCA (Land Development Control Authority) which includes the proposed subdivision design and other paperwork such as proof of the title and identification of the applicant. Every subdivision must be approved by the LDCA.
• Once the LDCA approve the application then the actual survey work is carried out where the fieldwork is undertaken and the marks are placed in the ground for all the corner points of the new lots. The fieldwork data is processed and a survey plan is then drawn (see the example subdivision plan) that defines the boundaries of the lots.
• This survey plan is submitted to the Survey Department (the Survey Department hold and store all surveys in the BVI, not individual surveyors and they are all a public record) who will run the survey plan through a checking process to ensure it meets certain criteria. When it passes their checking process the Chief Surveyor will sign the plan which authenticates it. No survey plan is deemed to be authenticated unless it is signed by the Chief Surveyor.
• Once the survey plan is authenticated, the proprietor takes 3 copies of the plan to the Land Registry Department and applies for 'mutation' or 'subdivision'. This process will delete the parent parcel (the one being subdivided) and assign new parcel numbers to each of the new lots and record them in the Registry. Only once a lot has been assigned a parcel number and registered can it be sold or transferred.

It's a bit or a long winded process and a general guideline is anywhere from 2-4 months for smaller subdivisions. The larger the subdivision the longer it takes and they often require additional information before the LDCA will approve the application such as a HVA (Hazard Vulnerability Assessment) and/or an EIA (Environmental Impact Assessment).

If you are thinking of doing a subdivision, it is essential to have a good design that takes into account all the important factors and particularly the access to the lots and the gradients. The main objective and aim is to maximize the use of the whole property and make the individual lots as re-sellable and as valuable as possible.

Setting out or engineering survey 

Setting out or engineering surveys involves marking out the locations of building corners on the ground for excavation and or construction and providing levels or elevations. Once an architect has designed your house your contractor needs to know where it fits or is located on the property. A land surveyor will take the architectural drawings and then place the building points on the ground as designed by your architect so your contractor can start excavating or construction your building. This ensures your buildings are placed exactly where your architect intended them to be on the property.

A word of warning though, about setting out as this scenario has happened too many times in the BVI. There is no law requiring that a land surveyor sets out your buildings when you start construction and often the contactor will set the building out rather than hiring a surveyor. Bear in mind that contractors are not land surveyors and the only reference they have to position the buildings on the property is from a boundary mark. Unfortunately, because they are not surveyors they sometimes make mistakes with regards to marks on the ground that they assume to be a boundary mark. If they use an incorrect mark, your buildings might not be located on the property exactly where your architect intended them to be (which could cost you more money in terms of retaining walls and drainage issues) and more seriously, they may be constructed over the boundary line. It is worth the effort to have a licensed surveyor set your buildings out for the contractor which will give you peace of mind that your buildings are being built in the right place!