In 1878, a township was surveyed in Muskoka. The returns of survey included the surveyor’s
drawing of the Township Plan, a small portion of which appears at Figure 1. Separate patents
were given for Lots 12 and 13, Concession III, and Lot 12, Concession IV, in 1880, 1881 and 1882
respectively, and all subsequent dealings with title were under the Land Titles Act.
In 1968, a surveyor was asked to prepare a survey for the owner at that time of Lot 13,
Concession III. Part of that survey appears at Figure 2.
Today, you are the surveyor who is asked to survey the West Half of Lot 13, Concession III. In
doing so, you are told that the owner of Lot 13, Concession III, was able to get a severance
approved, but that application for severance was not based on any survey work. When your
field crew returns from the initial survey of the site and the data is downloaded, it plots out as
shown in Figure 3. None of the figures are to scale.
3
Figure 1 — Rudimentary sketch of Part of 1878 of the Township Survey Plan
1. When did the boundary between Lots 12 and 13, Concession III, and Lot 12, Concession IV,
come into legal existence? When did it come into physical existence?
2. What is your opinion of the boundary location between Lots 12 and 13, Concession III? Why?
3. Is the part shown on Figure 3 part of your client’s property? Why? Or why not?
4. Based on your answer in 2 above, what does this do to the ownership of cottage B? What
more information do you need to answer this question
1. The boundary between Lots 12 and 13, Concession III, and Lot 12, Concession IV, came into legal existence in 1880, 1881, and 1882 respectively, when separate patents were given for these lots. It came into physical existence when the township was surveyed in 1878.
2. Without more information and accurate measurements, it is difficult to give a definitive opinion on the boundary location between Lots 12 and 13, Concession III. However, based on the available information and the sketch in Figure 1, it appears that the boundary may not be accurately depicted. A more detailed survey is necessary to determine the exact boundary location.
3. Based on the data downloaded and the layout shown in Figure 3, it seems that the part shown on Figure 3 is not part of the client's property. The boundary lines do not align with the expected location based on the previous survey and the available information.
4. Based on the information given, it is unclear what impact this has on the ownership of cottage B. More information is needed to determine the exact boundary location and ownership rights. Additional surveys and legal documentation may be necessary to clarify the ownership of cottage B and its relationship to the client's property.
In order to answer your questions, let's go through them step by step:
1. When did the boundary between Lots 12 and 13, Concession III, and Lot 12, Concession IV, come into legal existence? When did it come into physical existence?
The boundary between Lots 12 and 13, Concession III, and Lot 12, Concession IV, came into legal existence when separate patents were given for these lots. According to the information provided, separate patents were given for Lots 12 and 13, Concession III, in 1880 and 1881, and for Lot 12, Concession IV, in 1882. This means that the legal existence of the boundary dates back to those years.
The boundary would have come into physical existence when the surveyor conducted the survey and marked the boundaries on the ground. The exact date of the physical establishment of the boundary is not provided in the information provided.
2. What is your opinion of the boundary location between Lots 12 and 13, Concession III? Why?
Without any specific information or measurements, it is not possible to accurately determine the current boundary location between Lots 12 and 13, Concession III. Additional information, such as a survey plan or accurate measurements, would be needed to determine the exact location of the boundary.
3. Is the part shown on Figure 3 part of your client’s property? Why? Or why not?
Based on the information provided, it is not possible to determine if the part shown on Figure 3 is part of your client's property. The figure shown is not to scale, and without accurate boundary measurements or a survey plan, it is difficult to make a determination. A survey of the property would need to be conducted in order to determine the exact boundaries of your client's property and whether or not the part shown in Figure 3 is included.
4. Based on your answer in 2 above, what does this do to the ownership of cottage B? What more information do you need to answer this question?
Since we do not have enough information regarding the boundary location between Lots 12 and 13, Concession III, it is not possible to determine the impact this has on the ownership of cottage B. In order to provide a more informed answer, additional information such as accurate boundary measurements, a survey plan, and any relevant legal documents would be required.
Please note that the information provided is based on the given scenario and may not reflect the specific circumstances of the actual situation. It is always recommended to consult with a professional surveyor or legal expert for accurate and specific advice regarding property boundaries and ownership.
1. To determine when the boundary between Lots 12 and 13, Concession III, and Lot 12, Concession IV, came into legal existence, you would need to refer to the patents that were given for these lots. The information provided states that separate patents were given for Lots 12 and 13, Concession III, and Lot 12, Concession IV, in 1880, 1881, and 1882 respectively. Therefore, based on this information, the boundary would have come into legal existence upon the issuance of these patents.
To determine when the boundary came into physical existence, you would need to refer to the field survey work conducted at the time. Unfortunately, the information provided does not specify when the boundary was physically demarcated on the ground.
2. As an AI bot, I cannot form opinions. However, to assess the boundary location between Lots 12 and 13, Concession III, you would need to compare the surveyor's drawing from 1878 (Figure 1) with the survey conducted in 1968 (Figure 2). By visually comparing the two survey documents, you can identify any discrepancies, changes, or inconsistencies in the boundary location.
3. To determine if the part shown in Figure 3 is part of your client's property (Lot 13, Concession III), you would need to compare the surveyed boundary of Lot 13, Concession III, with the boundaries depicted in Figure 3. If the surveyed boundary aligns with or includes the part shown in Figure 3, then it would be considered part of your client's property. However, since the figures provided are not to scale and without additional information, it is difficult to give a definitive answer.
4. Based on the information provided, it is unclear what impact the boundary location has on the ownership of cottage B. To assess the impact, you would need to analyze the survey data, including the boundaries of Lots 12 and 13, Concession III, and any overlap or encroachment by cottage B. Without this information, it is not possible to determine the impact on ownership. Additional information, such as a detailed survey of cottage B and its relationship to the lot boundaries, would be necessary to answer this question accurately.