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Practical Pointers For Writing Survey Reports

The document provides guidance for surveyors on writing survey reports. It outlines key considerations for retracing boundaries, analyzing evidence, and determining the location of property lines. Surveyors must thoroughly research title documents, occupation, and consider case law when substantiating their professional opinion on property boundaries.

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chacha2x2x1999
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42 views15 pages

Practical Pointers For Writing Survey Reports

The document provides guidance for surveyors on writing survey reports. It outlines key considerations for retracing boundaries, analyzing evidence, and determining the location of property lines. Surveyors must thoroughly research title documents, occupation, and consider case law when substantiating their professional opinion on property boundaries.

Uploaded by

chacha2x2x1999
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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PRACTICAL POINTERS FOR THE

WRITING OF SURVEY REPORTS

Adapted from original material prepared by Roxana Niculae, O.L.S


RETRACEMENT OF BOUNDARIES

 Boundaries are a matter of law, determinable by the best


evidence of their location.

 The surveyor’s analysis determines and substantiates his/her


opinion of where the extent of the property under survey is
located on the ground.

 Boundaries as retraced on proposed plans are not confirmed,


they only represent an opinion – based on the surveyor’s
interpretation of all aspects involved – which can be
challenged under the Boundaries Act.

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SURVEY EVIDENCE

 The elements in a surveyor’s report that provide the sanction


or denial of the boundaries in a particular case, include:

 the evidence as found at the time of each survey

 the method of survey followed on previous surveys

 all legal aspects considered in regard to the current survey

 the reasoning for what constitutes the best available


evidence of the original location of the limits to be retraced

 the relevance of each document pertinent to the current


survey

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OTHER SURVEY REPORT CONSIDERATIONS

 Use formal submissions

 When quoting case law or other sources, use your own


words

 Do not use speculations or statements of personal nature

 Report the evidence to support facts as you come across


them

 Be organized

 Differentiate between title and survey evidence

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OUTLINE OF A SURVEY REPORT

1. Introduction and Purpose of the Report

2. Research and Field work

3. Background and Overview of the Issue

4. Early Relevant Title and Survey Documents (e.g., original


crown patent, info related to the progression of ownership
and references to the descriptions in transfer documents)

5. Historical Background of the Registered Plan, if applicable

6. History of Surveys and Descriptions

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7. Later Relevant Title (descriptions) and Survey Documents
for the Subject and Adjacent Lands (including field notes for
all plans submitted)

8. Comments on the man-made alterations to the property


when dealing with ambulatory boundaries and evidence
used to determine the movement of the water’s edge

9. Conclusion and opinion related to the boundaries to be


confirmed as well as comments on how the position of the
previously not established side lines was determined

10. Any other comments pertinent and relevant to the


application for boundary/boundaries confirmation

11. Index of all documents marked by tabs


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ANALYSIS OF UNCERTAIN BOUNDARIES RETRACEMENT
Questions to be answered and analyzed when retracing uncertain
boundaries created by an old plan of subdivision:
 What are the external boundaries of the subdivision?
 What lines were actually run and what corners were actually
marked in the survey?
 Are there are lines monumented, or which limits can at least be
presumed were actually run and monumented?
 If the plan does not illustrate any monuments on the limits to
be confirmed, were these lines actually run on the ground and
marked with monuments in the original survey?
 What is the statute that governed the monumentation of
subdivision plans in effect at the time the plan was registered?
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PARTICULAR ASPECTS TO BE INCLUDED IN THE REPORT

SAMPLE SCENARIO: The survey branch signature and the


certificate are not clear on the face of the copy of a subdivision
plan obtained from the Registry Office. Furthermore, the plan was
prepared in 1910 but only registered in 1928.

 Was there any attempt to review the available MNR’s copy of


this plan?

 Did obtaining a copy of this plan from MNR clarify some of


these aspects?

 If the instructions to surveyors made reference to an expected


report, was an investigation of this report done?
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PARTICULAR ASPECTS – BEST AVAILABLE EVIDENCE

 It is the duty of a surveyor to obtain the best available


evidence of the location of the original posts set in the first
survey of the subdivision lots in order to apply sections 54
and 55 of the Surveys Act.

 Further investigation is required if:


 there are shortages or surpluses in measured distances as
compared to the published values shown on the plan of
subdivision
 various surveys find distances to be different at different
times (suggesting an inconsistency in the acceptance of
evidence)
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PARTICULAR ASPECTS – RELEVANT SURVEY EVIDENCE

 Chronologically analyze all the surveys in the area.

 Determine how the limits to be confirmed were run/retraced


and the relevance of the evidence found at the time they
were prepared.

 If you accept the location of found monuments established


by another survey, then show how those limits were
established and what evidence was found to retrace them at
that time.

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PARTICULAR ASPECTS – OCCUPATION

 Long standing occupation of a boundary may constitute


better evidence of the original boundary but only when
related back to the time the subject boundary was created.

 Provide evidence on how a form of occupation can be


related to the original creation of the boundary.

 Consider and analyze aerial photography for evidence of


occupation

 Is other evidence of occupation available? e.g., long time


residents, or fire insurance plans?

11
PARTICULAR ASPECTS – EXTENT OF TITLE

 Look beyond the subdivision plan and interpret the Original


Crown Patent and various descriptions of the land that have
existed in subsequent transfers in order to determine the
extent of title.

 Note that in certain cases of poor conveyance/survey


practices, descriptions were altered or changed without the
benefit of transfer documents while still attempting to
describe the same property as originally described and
created.

12
PARTICULAR ASPECTS – WATER BOUNDARIES

 Did the Crown grant lots bounded by water or did it retain


ownership of a strip of land along the edge of the water?

 Are the subject Lots riparian?

 Was the Lot/Con of the Original Township Survey granted as


a riparian parcel?

 What is the meaning of the reservation clause in the Original


Crown patent if any?

 What is the applicability of the case law to the reservation


clause contained in a specific Crown patent?

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PARTICULAR ASPECTS – WATER BOUNDARIES

 What is the status of the body of water?


 Is it a regulated or controlled body of water?
 Do the regulated levels of the body of water approximate
normal natural water levels?
 Has the controlled water’s edge traditionally been treated as
an ambulatory boundary?
 Have artificial alterations to the shore been considered and
analyzed in the process of preparing the application?
 If it is a regulated body of water, should it be considered a
flooded body of water?

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FINAL CONSIDERATIONS

 A sound opinion should provide sufficient reasoning to


support your method and your acceptance of retraced
monuments as undisputed Lot corners.

 You may be required in a court of law to provide a clear


indication, reasoning and specific reference to the evidence
used in reaching your final determination with respect to the
boundaries of a particular subject survey.

 It is expected that you, as an expert witness, will do all of the


necessary analysis to prove that your opinion and statements
are supported by the evidence considered and the applicable
law.
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