- Publisher: Four Point Learning
Welcome to Four Point Learning
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.
Current Webinars, Courses & Resources
Parcel Title and Parcel Boundary:
Where Lawyers and Surveyors Meet
This webinar includes the presentations, papers and slide decks from most of the presenters at the November, 2013 conference. The full-day event reviewed recent developments in boundary law as emerging from courts. >> more
- Moderator: Izaak de Rijcke