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
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 with the issuance of separate patents in 1880, 1881, and 1882. It came into physical existence at the time of the original survey in 1878.
2. Based on the information provided, it is difficult to determine the exact location of the boundary between Lots 12 and 13, Concession III. The surveyor's drawing in Figure 1 does not provide enough detail or accurate measurements. A more detailed survey of the area would be needed to determine the exact boundary location.
3. Based on Figure 3, it appears that the part shown is not part of the client's property. The boundary lines mentioned in the previous question do not align with the current survey data.
4. Based on the information provided in the question, it is unclear what impact this has on the ownership of cottage B. More information is needed to determine the ownership status of cottage B, such as a survey of the specific boundaries and lot lines in relation to the current survey.
1. The boundary between Lots 12 and 13, Concession III, and Lot 12, Concession IV, came into legal existence when separate patents were given for the respective lots. Lot 12, Concession III, was patented in 1880, Lot 13, Concession III, was patented in 1881, and Lot 12, Concession IV, was patented in 1882. Therefore, the legal existence of these boundaries can be dated to these years.
The physical existence of these boundaries would have been established when the surveyor conducted the initial survey of the township in 1878. This surveyor would have physically marked the boundaries on the ground, determining the exact locations of Lots 12 and 13, Concession III, and Lot 12, Concession IV.
2. Without access to Figure 2 (mentioned in the question), it is not possible for me to provide an opinion on the boundary location between Lots 12 and 13, Concession III. Figure 2 would provide crucial information regarding the surveyed boundaries and their accuracy. Therefore, a thorough analysis of Figure 2 is required to form an opinion on the boundary location.
3. Based on the information provided, it is not possible to determine if the part shown on Figure 3 is part of the client's property. The field crew's survey data, plotted in Figure 3, needs to be compared and overlaid with the existing legal survey records, such as the original township plan and subsequent surveys, to ascertain the accurate boundary lines. Without this comparison, it is not possible to determine if the area shown in Figure 3 belongs to the client's property.
4. Without information regarding the actual boundary location and the ownership of cottage B, it is not possible to determine the impact of the boundary location on the ownership of cottage B. To answer this question, more information is needed, such as the precise location of cottage B in relation to the determined boundary lines and documentation regarding the ownership of the property on which cottage B is located.
1. To determine when the boundary between Lots 12 and 13, Concession III, and Lot 12, Concession IV, came into legal existence, we need to refer to the given information. According to the information provided, separate patents were given for Lots 12 and 13, Concession III, and Lot 12, Concession IV, in 1880, 1881, and 1882, respectively. This means that the legal existence of the boundary between these lots dates back to the respective years in which the patents were granted, which are 1880 for Lots 12 and 13, Concession III, and 1882 for Lot 12, Concession IV.
As for the physical existence of the boundary, we can assume that it would have been established around the same time as the legal existence. However, to determine the exact year, we would need additional information such as historical records of the physical survey and marking of the boundary lines.
2. Since we don't have access to Figures 1, 2, or 3, we can't make an assessment of the boundary location between Lots 12 and 13, Concession III. However, as a surveyor, it would be ideal for you to physically examine the site and compare it with the available survey plans (Figures 1 and 2) to form an opinion on the boundary location. You should carefully analyze the information, measurements, and landmarks given in the provided figures and compare them with the physical characteristics and evidence on the ground. This will help you determine whether the boundary location shown in Figure 2 accurately represents the actual boundary between Lots 12 and 13, Concession III.
3. Without access to Figure 3, we can't determine if the part shown on it belongs to your client's property. As a surveyor, you will need to analyze the collected field data, such as measurements, bearings, and any physical features, and compare them with the legal description and boundaries of your client's property. This analysis will help you determine if the part shown on Figure 3 falls within your client's property boundaries.
4. Since we don't have access to Figure 2 or Figure 3, we can't provide a specific answer regarding the ownership of cottage B. To determine how the boundary location impacts the ownership of cottage B, you would need to compare the boundary location indicated in Figure 2 (if accurate) with the location of cottage B on Figure 3. This comparison will help you determine if cottage B falls within the boundaries of Lots 12 and 13, Concession III. Additionally, to make a definitive conclusion, you would also need more information, such as the legal description and boundaries of the cottage, any applicable land surveys, and the history of ownership and title documents for cottage B.