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Boundary Law Answers
“When is a fence not a boundary?” The answer may be as simple as “When it is just a fence.” But assessing the significance of a fence is often a daunting exercise. Is the remnant of a fence (as in this picture of a cedar fence post with two strands of barbed wire) evidence of a boundary? Could it be evidence of the extent of possession? Answers to such seemingly simple questions can be elusive unless the context, origin, and legal importance of such evidence can be determined.
Some might think that the preferred evidence of a boundary corner is a survey monument. Ideally, yes. Practically, such is seldom the case. Even when encountered, an original survey monument is evaluated in terms of original position and provenance. “When does a survey monument not mark a boundary?” In this picture, the answer is simply “When it is a garden ornament.”
Unlike engineering or mathematics, a property retracement problem may not have a clear solution. The “mathematically correct” answer may be based on incomplete information that does not include the evaluation of all available evidence. Since every retracement survey has the potential of being reviewed by a court, adopting an approach that uses the same principles a court would apply in determining a boundary location, increases the likelihood that the surveyor’s work is “legally correct”. In this 5-min video:
an instructor for Four Point Learning uses Internet resources, interactive whiteboard and voice-over as integrated tools to explain an approach to writing a survey report that deals with evidence and boundary principles.
Another useful resource in the application of legal principles to facts established through evidence is:
This free monthly e-newsletter provides a review and commentary of current cases involving some issue or aspect of property title and boundary law.
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Linking Parcel Title
and Parcel Boundary:
Improving Title Certainty
An online version of the conference held November 2014 will be available soon.
A strategic partnership has been struck between York University, AOLS and Four Point Learning to deliver Survey Law courses. Survey Law 1 provides a foundation for professional surveyors to integrate legal principles, legislation and regulations within the overall framework of property boundary surveys in Ontario.
Four Point Learning offers courses, seminars and webinars using blended learning methods and technologies. Our goal is to deliver high-value knowledge and practice for Land Professionals across Canada while maintaining ease of access and flexibility.
Four Point Learning is offering consultation services to assist Presenters in the development of learning resources and the delivery of CPD seminars using distance learning methods and technologies. >> more
GeoEd is a cooperatively developed and maintained internet portal for regional and national learning initiatives on matters related to geomatics. It also provides a forum for sharing learning experiences and opportunities.
Professional Surveyors Canada is dedicated to building and enabling a strong multi-faceted community of surveying professionals committed to exceeding expectations.
The Canadian Institute of Geomatics represents the interests of all groups in the geomatics community.
Changes in how we think of learning today make for great opportunities to also rethink “Surveying School”. Determining the correctness of the cadastral boundary fabric still relies on traditional forms of spatial data that remain central to the task ... and so the learning begins:
Presentation: Closing the Knowledge Gap