What is the difference between township survey information and township patenting
information in regards to the survey of property located within a geographic township lot?
Was Ontario's land registration system possible under the Registry Act without a township
system of surveying having been performed first? If so, how do you account for the
recording of many interests in land, the boundaries of which are not known or laid out on
the ground but only theoretically capable of determination? If not, how else would you
propose a Registry system of recording deeds should have been organized at the outset?
Township survey information refers to the physical survey of property boundaries and other geographical features within a specific geographic township lot. This survey provides accurate and detailed information about the size, shape, and location of individual lots within the township.
On the other hand, township patenting information refers to the process of granting legal ownership of land by the government. This information includes the records of land patents issued for specific lots within the township, indicating the legal ownership and rights associated with the land.
In Ontario, the land registration system under the Registry Act was possible without a township system of surveying having been performed first. This was because the registration system focused on recording the legal interests and transactions related to the land, rather than the physical surveying of the property boundaries. The boundaries of the properties were not required to be known or laid out on the ground at the time of registration.
The recording of many interests in land with unknown or theoretically determinable boundaries was done based on legal descriptions and references to adjoining properties or landmarks. This allowed for the registration of deeds and other land transactions without the need for a complete and accurate survey of the property boundaries.
If a township system of surveying had been organized at the beginning, it would have been necessary to perform a comprehensive survey of all the lots within the township before any land registration could be done. This would have been time-consuming and costly. Instead, the focus was on the legal aspects of land ownership and transactions, allowing for more efficient and accessible land registration.
Township Survey Information:
Township survey information refers to the actual surveying process of a specific geographic township lot. This includes the measurement and mapping of the boundaries, roads, and other features of the lot. It determines the exact location and shape of the property within the township.
Township Patenting Information:
Township patenting information, on the other hand, refers to the legal process of granting ownership rights to a specific piece of land within a geographic township lot. It involves obtaining a land patent, which is a legal document that recognizes and confirms an individual's ownership rights to the property.
Ontario's Land Registration System:
In Ontario, the land registration system was possible under the Registry Act without a township system of surveying having been performed first. This is because the Registry Act focused more on the recording of interests in land rather than relying solely on the physical surveying of the properties.
Recording Interests in Land:
Under the Registry Act, the boundaries of many interests in land were not necessarily known or laid out on the ground, but were theoretically capable of determination. The system relied on legal descriptions and reference points rather than physical surveying to record these interests. This allowed for flexibility and the recording of interests in land that may not have had a precise physical location.
Registry System Organization:
At the outset, a registry system of recording deeds in Ontario could have been organized by implementing a combination of legal description and reference point system. This would involve maintaining records of deeds and interests in land based on legal descriptions and reference to established landmarks or boundaries. The system would allow for the recording and identification of properties even without a physical survey having been performed.
To understand the difference between township survey information and township patenting information, let's break down the terms:
1. Township Survey Information: This refers to the process of conducting a survey to determine the boundaries and dimensions of a geographic township lot. A geographic township is a portion of land designated within a larger political jurisdiction, typically used for administrative purposes. Surveyors measure and map out the physical features and boundaries of the lots within the township.
2. Township Patenting Information: Township patenting occurs when the government grants ownership of a particular piece of land within a geographic township to an individual or entity. This process involves issuing official documents, known as patents, that establish the legal ownership and rights associated with the land.
Ontario's land registration system, known as the Registry Act, was initially established without a comprehensive township surveying system in place. This created challenges in recording interests in land with uncertain or undetermined boundaries. However, the Registry Act did require some form of property description, even if the boundaries were only theoretically capable of determination.
To account for recording interests in land with uncertain boundaries, several strategies were employed:
1. Metes and Bounds Descriptions: This method involves using physical landmarks, measurements, and compass directions to describe the boundaries of a property. While this approach is less precise than a survey, it can provide a general idea of the property's boundaries.
2. Reference to Adjacent Properties: When the exact boundaries of a property are unknown, reference can be made to neighboring properties with known boundaries. By describing the property's boundaries in relation to those of adjacent lots, some level of certainty can be established.
3. Legal Descriptions: In some cases, legal descriptions based on administrative divisions (e.g., townships, ranges, and meridians) were used to define property boundaries. This method relies on the established boundaries of these administrative divisions, even if the precise boundaries of individual lots within them were not yet surveyed.
As for how a Registry system of recording deeds should have been organized at the outset, one possible approach would have been to prioritize township surveying before the implementation of the Registry Act. By conducting comprehensive surveys of the land, the boundaries of individual lots could have been accurately determined, making the recording of deeds and interests more straightforward. However, the historical context and constraints of Ontario's land settlement and development may have influenced the decision to establish the Registry Act before completing a full township surveying system.