(10) The Board has the powers and duties of an arbitrator under sections 29(3) and 43 of the Arbitration Act.

Transcription

1 Surveys Act [Fall 2014 STATUTE LAW] Under section 9 survey error investigation of the Surveys Act. The Minister may appoint a Board consisting of three (3) members. a. List two (2) of the three (3) members. (3) If on receipt of the report from the Director under subsection (2) the Minister is satisfied that an error in survey may have been made, the Minister may appoint a Board consisting of 3 members, one of whom shall be a member of The Law Society of Alberta and one of whom shall be a member of the Alberta Land Surveyors Association, to investigate the alleged survey error. b. What are the powers and duties of the Board? (10) The Board has the powers and duties of an arbitrator under sections 29(3) and 43 of the Arbitration Act. c. List two (2) orders that the Board may make upon completing the investigation. (a) order that surveys and survey plans be varied, altered or amended in the manner that it directs (b) order that any descriptions, registers, certificates of title or plans of survey deposited, filed or registered in a Land Titles Office or in the Metis Settlements Land Registry be varied, amended or altered as may be necessary to reflect the true position of monuments or boundaries, or the accuracy of dimensions or areas c) order costs to be paid by or to any person who is a party to the investigation. What two (2) significant dates must be considered when re establishing lost corners in a subdivision? Before February 16th, 1912 and after June 9th, 1988 all lot and block corners were set on Subdivision Plans After February 16th, 1912 and before June 9th, 1988 all lot and block corners were not set on subdivision plans. Therefore, when retracing boundaries of a Lot the surveyor must know when to look for lot corners for governing evidence and when to look at the block corners for the governing evidence. In the context of the Surveys Act, define: a. Legal Subdivision Division of section 28 Every section is considered to be divided into sixteen 1/4 quarter sections called legal subdivisions, each of 40 acres, more or less, arranged and numbered in the following order: b. Official Plan means a plan confirmed by the DOS pursuant to section 33; c. Bed and Shore For the purposes of this section, the bed and shore of a body of water shall be the land covered so long by water as to wrest it from vegetation or as to mark a distinct character on the vegetation where it extends into the water or on the soil itself Describe where the road allowance shall be given its prescribed width on a correction line.

2 (2) When surveying a road allowance that is 99 feet wide (a) the centre of sections, quarter sections and legal subdivisions shall be located in the same relative positions as if a road allowance that is 66 feet wide existed, and (b) in the case of a correction line, the road allowance shall be given its prescribed width midway between the south east corner of section 4 of the township north of the correction line, and the northeast corner of section 33 of the township south of the correction line. All surveys made under the Surveys Act must be certified by an Alberta Land Surveyor and they must meet three (3) conditions. List them. Survey format and monument 10(1) All surveys made under this Act shall be made (a) under the personal supervision of a surveyor, (b) in accordance with good surveying practices, and (c) in accordance with this Act, and the plan of a survey shall be certified under oath by a surveyor in the form prescribed by regulations under the Land Titles Act. When a surveyor establishes a boundary for a plan at the Land Titles Office or the Métis Settlements Land Registry, he or she is required to post every change in direction, the beginning and end of every curve, and at every intersection of the boundary lines with every surveyed boundary of the parcels affected by the new survey. List the three (3) exceptions to this as stated in the Surveys Act. Notwithstanding subsection (1), a surveyor a) when surveying a right of way that is to be bounded by parallel lines that are not more than 150 feet apart, need mark only one boundary line of the right of way, and the unmarked boundary shall be determined from the marked boundary and the width shown on the plan b) when surveying the boundaries of a strata space, as defined in the Land Titles Act, shall not mark the boundary lines of the horizontal, vertical or inclined planes or curved surfaces, but shall relate the locations of them (i) to at least 2 monuments of known elevation in the geographical positioning system placed within or adjacent to the boundaries of the parcel for that purpose, or (ii) to 2 survey control markers and shall relate the locations of them to the external boundaries of the parcel within which the spaces lie, and (c) when surveying the boundaries of condominium units other than bare land units as defined in the Condominium Property Act, shall not mark the boundary lines of the units but shall locate or re establish the monuments that determine the boundaries In what timeframe must a land surveyor register a plan in the following cases? a. Re establishment of a Part 3 Monument. (3) A surveyor who re establishes the position of a monument in accordance with subsection (1) or (2), or establishes a corner that was not previously marked by any monument in a survey made pursuant to this Part, (a) shall mark the position with a new monument, and

3 (b) shall prepare and within 90 days after the completion of the survey submit to the Registrar a plan of survey showing the method by which the position was re established and shall certify that the survey was made in accordance with this Act. b. Establishment of a previously unmonumented section corner. (3) A surveyor who establishes a corner of a section, quarter section or legal subdivision that was not previously marked by a monument, or re establishes the position of a monument in accordance with subsection (1) or (2), (a) shall mark the position with a new monument, and (b) shall, within 90 days after completion of the survey, prepare and submit to the Registrar a plan of survey showing the method by which the position was re established. [Spring 2014 STATUTE LAW] In what timeframe must a land surveyor register their plan in the following cases: a. Re established Part 3 Monument (3) A surveyor who re establishes the position of a monument in accordance with subsection (1) or (2), or establishes a corner that was not previously marked by any monument in a survey made pursuant to this Part, (a) shall mark the position with a new monument, and (b) shall prepare and within 90 days after the completion of the survey submit to the Registrar a plan of survey showing the method by which the position was re established and shall certify that the survey was made in accordance with this Act. b. Establish previously unmonumented section corner (3) A surveyor who establishes a corner of a section, quarter section or legal subdivision that was not previously marked by a monument, or re establishes the position of a monument in accordance with subsection (1) or (2), (a) shall mark the position with a new monument, and (b) shall, within 90 days after completion of the survey, prepare and submit to the Registrar a plan of survey showing the method by which the position was re established. Provide, in detail, what a surveyor is required to do in order to re establish a Part 2 monument under Section 44 of the Surveys Act? Re establishment of Part 2 survey monument 44(1) When a surveyor is required to re establish the position of a monument placed in the original survey in accordance with section 29 or 32 that cannot be found, the surveyor shall do so from the best available evidence respecting the position of the monument. (2) If the position of the monument cannot be satisfactorily ascertained under subsection (1) or if the corner was not previously marked by a monument in the original survey, the surveyor shall re establish the monument or establish the corner s position in relation to those monuments of the original or

4 subsequent surveys that can be found, in a manner that carries out the evident intention of the original survey as shown in the original field notes and the official plan of record in the Director s office. (3) A surveyor who establishes a corner of a section, quarter section or legal subdivision that was not previously marked by a monument, or re establishes the position of a monument in accordance with subsection (1) or (2), (a) shall mark the position with a new monument, and (b) shall, within 90 days after completion of the survey, prepare and submit to the Registrar a plan of survey showing the method by which the position was re established. a. What townships are immediately adjacent to the 12th baseline? 4*(BL# 1) = southerly twp TWP 44, 45 b. What townships are immediately adjacent to the 3rd correction line? TWP 10, 11 What limitations are in place to protect the property of landowners under Section 16 of the Surveys Act? Right to enter private property 16 A surveyor and the surveyor s authorized assistants may, using reasonable care, pass over, measure along and ascertain the bearings of any line or boundary, and for those purposes may pass over or through the land of any person, but the surveyor is liable for any damage the surveyor or the surveyor s assistants cause. Sketch the layout of sections 21 & 28, Township 41 [lying within surveyed territory]. Indicate and label all adjacent road allowances, and provide typical dimensions (in chains) of all boundaries that would normally be surveyed. An upset landowner claims that someone has taken some of his land (Lot 3, Block 2 on plan of survey ). The title to his rural property states that his lot is 26.7 hectares, but a recent survey of the property indicates that there is 26.5 hectares. How would you explain this difference to him? Boundary lines on confirmation of survey or re survey 36 All boundary lines of a survey in accordance with section 29 or 32 are determined by the monuments placed for that purpose as shown on the official plan, whether or not the dimensions between them or the areas expressed on the official plan are found by re measurement to be different. [Fall 2013 STATUTE LAW] What must a surveyor do under Section 47 following the registration of the plan? What time period must they do this in?

5 (3) A surveyor who submits for registration a plan pursuant to subsection (1) shall, within one year from its registration or within a longer period of time specified by the Director, (a) place the monuments required by section 45(1) in accordance with the survey control markers and the co ordinates shown on the plan, and (b) file with the Registrar proof under oath, in the form prescribed by regulations under the Land Titles Act, of having done so. In the context of the Surveys Act, define: (a) Bed and shore of a body of water For the purposes of this section, the bed and shore of a body of water shall be the land covered so long by water as to wrest it from vegetation or as to mark a distinct character on the vegetation where it extends into the water or on the soil itself. (b) Survey Control Marker means any mark, other than a monument, set in the ground whose coordinate position is confirmed by the Director under section 8; Draw a sketch of Sections 15 & 22 in a typical township. Label the road allowances and show the location of monuments typically placed to govern the section and quarter section boundaries. The Surveys Act allows for both re survey and re establishment of Part 2 and Part 3 monuments. (a) What is the difference between a re survey and a re establishment of a survey monument? Part 3 Surveys (6) The Director, or a surveyor appointed by the Director, shall (a) commence the re survey in accordance with this Act not less than 2 weeks after the last publication of the notice under subsection (3), (b) place monuments to mark the corners of the re surveyed land, and (c) submit a plan and other records respecting the re survey to the Minister. Re establishment of Part 2 survey monument 44(1) When a surveyor is required to re establish the position of a monument placed in the original survey in accordance with section 29 or 32 that cannot be found, the surveyor shall do so from the best available evidence respecting the position of the monument. (b) What is required if a monument defining a boundary of the original survey is found after the registration of a re survey? No review of re survey 41 The order of the Minister confirming the re survey is final and conclusive and shall not be questioned in any court, whether or not the monuments marking the original survey are subsequently found or their positions proved by other evidence. (c) When can a re survey be completed under Part 2? Re survey of public land 34(1) Land that is property of the Crown and respecting which there are no adverse interests may be resurveyed when necessary.

6 (2) A boundary is not considered re surveyed until a new official plan has been confirmed by the Director. (3) The Director shall, forthwith after the confirmation under subsection (2), file one copy of the official plan with the Registrar. (d) When can a re survey be completed under Part 3? Re survey of s29 or 32 land in municipality 39(1) The council of a municipality may, on the application of 50% of the registered owners of the parcels of land to be affected, or without an application, pass a resolution that it is desirable to re survey and place monuments at the corners of parcels surveyed in accordance with section 29 or 32. Show by means of a sketch the monuments you would expect to locate, and the monuments you would establish for a survey of the North ½ of LSD 5, Section 16 of a standard township. (An estimate of proposed distances is necessary for the purpose of this question.) Under Section 45 of the Surveys Act, a land surveyor prepares a plan to be registered at the Land Titles Office, they must place monuments to mark the positions of the boundary lines. Where must these monuments be placed? Establishing boundaries 45(1) If a surveyor does a survey for a plan that is required to be registered at the Land Titles Office or filed at the Metis Settlements Land Registry, the surveyor shall (a) mark the positions of the boundary lines to be established by placing monuments (i) at every change of direction and the beginning and end of every curve, and (ii) at every intersection of the boundary lines with every surveyed boundary of the parcels affected by the new survey, and (b) make all measurements necessary to show the positions of the monuments placed and the boundary lines to be established, relative to the existing surveyed boundary lines of the parcels affected. [Spring 2013 STATUTE LAW] You are preparing to stake out two new houses on existing residential lots. If the first lot is shown ona plan registered in 1974 and the second lot is shown on a plan registered in 1989, how will that affect how you proceed with your work? Before February 16 th, 1912 and after June 9 th, 1988 all lot and block corners were set on Subdivision Plans After February 16 th, 1912 and before June 9 th, 1988 all lot and block corners were not set on subdivision plans. Therefore, when retracing boundaries of a Lot the surveyor must know when to look for lot corners for governing evidence and when to look at the block corners for the governing evidence. You have registered a plan of subdivision under Section 47 of thesurveys Act. It has been 10 months since registration and 25% of the subdivision monuments have been placed in the ground. The

7 developer has told you that he will have the remainder of his financing in place in 4 months and he plans to continue the development. Provide a brief explanation of your professional responsibilities in this situation. 47(3) A surveyor who submits for registration a plan pursuant to subsection (1) shall, within one year from its registration or within a longer period of time specified by the Director, (a) place the monuments required by section 45(1) in accordance with the survey control markers and the co ordinates shown on the plan, and (b) file with the Registrar proof under oath, in the form prescribed by regulations under the Land Titles Act, of having done so. A surveyor signs an affidavit for the purpose of registering a plan of subdivision. List the three (3) statements that are on the surveyor s affidavit. Alberta Land Surveyor, make oath and say: 1. That the survey represented by this plan was made under my personal supervision; 2. That the survey was made in accordance wit h good surveying practices and in accordance with the provisions of the Surveys Act; 3. That the survey was performed between the dates of and and that this plan is true and correct, and is prepared in accordance with the provisions of the Land Titles Act. How does the Surveys Act define the bed and shore of a body of water? For the purposes of this section, the bed and shore of a body of water shall be the land covered so long by water as to wrest it from vegetation or as to mark a distinct character on the vegetation where it extends into the water or on the soil itself. What is the approximate latitude of the 1st baseline? 49 degrees latitude north What townships are immediately adjacent to the 5th baseline? 4*(BL 1) = south adjacent twp. 16&17 What townships are immediately adjacent to the 8th correction line? 30&31 What limitations are in place to protect the property of landowners under Section 16 of the Surveys Act? Right to enter private property 16 A surveyor and the surveyor s authorized assistants may, using reasonable care, pass over, measure along and ascertain the bearings of any line or boundary, and for those purposes may pass over or through the land of any person, but the surveyor is liable for any damage the surveyor or the surveyor s assistants cause. When does a survey control marker become an integral part of the geographical positioning system? 8(2) A survey control marker becomes an integral part of the geographical positioning system if the Director confirms its co ordinate position.

8 Sketch the layout of sections 25 & 36, Township62 [lying within surveyed territory]. Indicate and label all adjacent road allowances, and provide typical dimensions (in chains) of all boundaries that would normally be surveyed. An upset landowner claims that someone has taken some of his land (Lot 3, Block 2 on plan of survey ). The title to his rural property states that his lot is 26.7 hectares, but a recent survey of the property indicates that there is 26.5 hectares. How would you explain this difference to him? Boundary lines on confirmation of survey or re survey 36 All boundary lines of a survey in accordance with section 29 or 32 are determined by the monuments placed for that purpose as shown on the official plan, whether or not the dimensions between them or the areas expressed on the official plan are found by re measurement to be different. PART 3 Surveys 45 (4) All the boundary lines surveyed and established in accordance with subsection (1) shall be defined by the monuments placed for that purpose as shown on the plan of the survey registered at the Land Titles Office or filed at the Metis Settlements Land Registry, whether or not the dimensions or areas expressed on the plan are found by re measurement to be different. [Fall 2012 STATUTE LAW] Provide, in detail, what a surveyor is required to do in order to re establish a Part 2 monument under Section 44 of the Surveys Act? Re establishment of Part 2 survey monument 44(1) When a surveyor is required to re establish the position of a monument placed in the original survey in accordance with section 29 or 32 that cannot be found, the surveyor shall do so from the best available evidence respecting the position of the monument. (2) If the position of the monument cannot be satisfactorily ascertained under subsection (1) or if the corner was not previously marked by a monument in the original survey, the surveyor shall re establish the monument or establish the corner s position in relation to those monuments of the original or subsequent surveys that can be found, in a manner that carries out the evident intention of the original survey as shown in the original field notes and the official plan of record in the Director s office. (3) A surveyor who establishes a corner of a section, quarter section or legal subdivision that was not previously marked by a monument, or re establishes the position of a monument in accordance with subsection (1) or (2), (a) shall mark the position with a new monument, and (b) shall, within 90 days after completion of the survey, prepare and submit to the Registrar a plan of survey showing the method by which the position was re established. Give two (2) significant dates that must be considered when re establishing lost corners under Part 3 of the Surveys Act and describe the significance of each.

9 Before February 16th, 1912 and after June 9th, 1988 all lot and block corners were set on Subdivision Plans After February 16th, 1912 and before June 9th, 1988 all lot and block corners were not set on subdivision plans. Therefore, when retracing boundaries of a Lot the surveyor must know when to look for lot corners for governing evidence and when to look at the block corners for the governing evidence. What must a surveyor do under Section 47 following the registration of the plan? What time period must they do this in? (3) A surveyor who submits for registration a plan pursuant to subsection (1) shall, within one year from its registration or within a longer period of time specified by the Director, (a) place the monuments required by section 45(1) in accordance with the survey control markers and the co ordinates shown on the plan, and (b) file with the Registrar proof under oath, in the form prescribed by regulations under the Land Titles Act, of having done so. Under Section 45 of the Surveys Act a surveyor who does a survey that is to be registered at Land Titles or filed at the Metis Settlement Land Registry, is required to do three (3) things. Briefly state these three (3) things. Survey format and monument 10(1) All surveys made under this Act shall be made (a) under the personal supervision of a surveyor, (b) in accordance with good surveying practices, and (c) in accordance with this Act, and the plan of a survey shall be certified under oath by a surveyor in the form prescribed by regulations under the Land Titles Act. (a) What is the standard of measure for land surveying in Alberta? (b) What does an Alberta Land Surveyor have to do in order to ensure compliance with the standard of measure? (c) List the appropriate means by which a land surveyor can verify the GNSS instruments in use today. Standard of measure 11(1) The measure of length used in surveys made under this Act must be the Canadian or the International System measure of length defined by the Weights and Measures Act (Canada). (2) A surveyor shall verify (a) all tapes used by the surveyor by comparison with a subsidiary standard of a type approved for that purpose bythe Director or by a person authorized in writing by the Director, and (b) all electronic linear measuring devices used by the surveyor by comparison with calibration base lines established by the Minister for that purpose. For GNSS multiple observations and remeasurement through other means (ie EDM)

10 In the context of the Surveys Act; define: (a) Bed and shore of a body of water For the purposes of this section, the bed and shore of a body of water shall be the land covered so long by water as to wrest it from vegetation or as to mark a distinct character on the vegetation where it extends into the water or on the soil itself. (b) Aliquot Part a subdivision of a section based upon an even division by distances along the edges and not by equal area Draw a sketch of a typical township to illustrate the number and location of each section in the township. Show road allowances. [Spring 2012 STATUTE LAW] Give two significant dates that must be considered when re establishing lost corners under Part 3 of the Surveys Act. Explain why these dates are significant. Before February 16th, 1912 and after June 9th, 1988 all lot and block corners were set on Subdivision Plans After February 16th, 1912 and before June 9th, 1988 all lot and block corners were not set on subdivision plans. Therefore, when retracing boundaries of a Lot the surveyor must know when to look for lot corners for governing evidence and when to look at the block corners for the governing evidence. When a surveyor establishes a boundary for a plan at the Land Titles Office or the Métis Settlements Land Registry, he or she is required to post every change in direction, the beginning and end of every curve, and at every intersection of the boundary lines with every surveyed boundary of the parcels affected by the new survey. List the three (3) exceptions to this listed in the Act. Notwithstanding subsection (1), a surveyor a) when surveying a right of way that is to be bounded by parallel lines that are not more than 150 feet apart, need mark only one boundary line of the right of way, and the unmarked boundary shall be determined from the marked boundary and the width shown on the plan b) when surveying the boundaries of a strata space, as defined in the Land Titles Act, shall not mark the boundary lines of the horizontal, vertical or inclined planes or curved surfaces, but shall relate the locations of them (i) to at least 2 monuments of known elevation in the geographical positioning system placed within or adjacent to the boundaries of the parcel for that purpose, or (ii) to 2 survey control markers and shall relate the locations of them to the external boundaries of the parcel within which the spaces lie, and (c) when surveying the boundaries of condominium units other than bare land units as defined in the Condominium Property Act, shall not mark the boundary lines of the units but shall locate or re establish the monuments that determine the boundaries

11 List four (4) of the seven prescribed duties of the Director of Surveys. Director s duties 5(1) Subject to subsection (2), the Director shall (a) co ordinate the establishment, maintenance and preservation of the land survey system for the purpose of determining the positions of boundaries that govern the extent of interests in land, (b) co ordinate the establishment and maintenance of a geographical positioning system for Alberta, (c) co ordinate the establishment and maintenance of a mapping system for Alberta, (d) co ordinate the development and maintenance of a land related information systems network for Alberta, (e) maintain the network of survey control markers and controlled photographic diapositives that are the physical elements of the geographical positioning system, (f) provide a cartographic service, and (g) perform any other duties prescribed by this Act. Show by means of a sketch, the monuments you would expect to locate, and the monuments you would establish when demarcating the East ½ of LSD 7, Section 23 of a standard township. (An estimate of proposed distances is necessary for the purpose of this question (2) If no monument has been placed at the centre of a section, the position of that centre is the point of intersection of the straight lines joining opposite quarter section corners. In what timeframe must a land surveyor register a plan in the following cases? a. Re establishment of a Part 3 Monument. (3) A surveyor who re establishes the position of a monument in accordance with subsection (1) or (2), or establishes a corner that was not previously marked by any monument in a survey made pursuant to this Part, (a) shall mark the position with a new monument, and (b) shall prepare and within 90 days after the completion of the survey submit to the Registrar a plan of survey showing the method by which the position was re established and shall certify that the survey was made in accordance with this Act. b. Establishment of a previously unmonumented section corner. (3) A surveyor who establishes a corner of a section, quarter section or legal subdivision that was not previously marked by a monument, or re establishes the position of a monument in accordance with subsection (1) or (2), (a) shall mark the position with a new monument, and (b) shall, within 90 days after completion of the survey, prepare and submit to the Registrar a plan of survey showing the method by which the position was re established. In the context of the Surveys Act, define (a) Bed and shore of a body of water For the purposes of this section, the bed and shore of a body of water shall be the land covered so long by water as to wrest it from vegetation or as to mark a distinct character on the vegetation where it extends into the water or on the soil itself. (b) Legal Subdivision 28 Every section is considered to be divided into sixteen 1/4 quarter sections called legal subdivisions, each of 40 acres, more or less, arranged and numbered in the following order:

12 [Fall 2011 STATUTE LAW] What is required on a plan of survey submitted for registration to correctly represent the boundaries of a strata space? (b) when surveying the boundaries of a strata space, as defined in the Land Titles Act, shall not mark the boundary lines of the horizontal, vertical or inclined planes or curved surfaces, but shall relate the locations of them (i) to at least 2 monuments of known elevation in the geographical positioning system placed within or adjacent to the boundaries of the parcel for that purpose, or (ii) to 2 survey control markers and shall relate the locations of them to the external boundaries of the parcel within which the spaces lie Describe the procedure for surveying a 99 foot road allowance on a correction line. (2) When surveying a road allowance that is 99 feet wide (a) the centre of sections, quarter sections and legal subdivisions shall be located in the same relative positions as if a road allowance that is 66 feet wide existed, and (b) in the case of a correction line, the road allowance shall be given its prescribed width midway between the south east corner of section 4 of the township north of the correction line, and the northeast corner of section 33 of the township south of the correction line. What is the latitude of the 1st baseline? 49 degrees latitude north What townships are bounded by the 5th baseline? 4*(BL# 1) = southerly twp, TWP 20, 21 What townships are bounded by the 8th correction line? TWP 30, 31 The Surveys Act allows for both re survey and re establishment of Part 2 and Part 3 monuments. (a) What is the difference between a re survey and a re establishment of a survey monument? Part 3 Surveys (6) The Director, or a surveyor appointed by the Director, shall (a) commence the re survey in accordance with this Act not less than 2 weeks after the last publication of the notice under subsection (3), (b) place monuments to mark the corners of the re surveyed land, and (c) submit a plan and other records respecting the re survey to the Minister. Re establishment of Part 2 survey monument 44(1) When a surveyor is required to re establish the position of a monument placed in the original survey in accordance with section 29 or 32 that cannot be found, the surveyor shall do so from the best available evidence respecting the position of the monument. (b) What is required if a monument defining a boundary of the original survey is found after the registration of a re survey? No review of re survey

13 41 The order of the Minister confirming the re survey is final and conclusive and shall not be questioned in any court, whether or not the monuments marking the original survey are subsequently found or their positions proved by other evidence. (c) When can a re survey be completed under Part 2? Re survey of public land 34(1) Land that is property of the Crown and respecting which there are no adverse interests may be resurveyed when necessary. (2) A boundary is not considered re surveyed until a new official plan has been confirmed by the Director. (3) The Director shall, forthwith after the confirmation under subsection (2), file one copy of the official plan with the Registrar. (d) When can a re survey be completed under Part 3? Re survey of s29 or 32 land in municipality 39(1) The council of a municipality may, on the application of 50% of the registered owners of the parcels of land to be affected, or without an application, pass a resolution that it is desirable to re survey and place monuments at the corners of parcels surveyed in accordance with section 29 or 32. Draw a sketch of Section 15 in a typical township. Make sure to note the location of road allowances and the location of monuments typically placed to govern the section and quarter section boundaries. Under the Act, what powers are granted to a surveyor in regards to (a) Right of Entry Right to enter private property 16 A surveyor and the surveyor s authorized assistants may, using reasonable care, pass over, measure along and ascertain the bearings of any line or boundary, and for those purposes may pass over or through the land of any person, but the surveyor is liable for any damage the surveyor or the surveyor s assistants cause. (b) Evidence Under Oath Evidence under oath before a surveyor 13(1) For the purposes of this Act, an affidavit or oath made pursuant to this Act may be taken before a surveyor. (2) A surveyor may (a) examine witnesses under oath with respect to all matters relating to the survey of land, and (b) administer an oath to every person the surveyor examines in relation to those matters. (c) Compelling Attendance of a Witness Compelling attendance of witness 14(1) When a surveyor (a) is in doubt as to the true corner or boundary of any parcel that the surveyor is surveying, and (b) has reason to believe that a person has information with respect to it or a plan or document that may establish its true position, and that person

14 (i) does not willingly appear before and allow himself or herself to examined by the surveyor, or (ii) does not produce to the surveyor the plan or document on demand, the surveyor may apply to a justice of the peace for a subpoena. (2) An application under subsection (1) shall include an affidavit In the context of the Surveys Act; define: (a) Baseline The first base line shall be the 49th parallel of latitude, the 2nd base line shall be between townships 4 and 5, the 3rd between townships 8 and 9, the 4th between townships 12 and 13, the 5th between townships 16 and 17, and so on northerly, in regular succession. (b) Monument means a brass tablet, iron post, wooden post, mound, pit or trench, or anything else used by a surveyor to mark a boundary, corner or line; When is it required to monument both sides of a right of way? Corner on a correction line 27(1) In the case of a township, section or quarter section corner on a correction line, monuments shall be placed independently for the corners on each side in accordance with the regulations, by the surveyor doing the survey. [Spring 2011 STATUTE LAW] Section 9 of the Surveys Act provides for a Survey Error Investigation. Four (4) bodies or individuals may make written notification to start the Section 9 process. List two (2) of these. Who performs the initial investigation prior to appointment of the Board? Survey error investigation The Director shall on receipt of a written notice from a land owner, the council of a municipality, the Council of the Alberta Land Surveyors Association or a Registrar stating that the position of a corner or boundary is in question as the result of an alleged error in a survey or may, for any reason the Director considers sufficient, conduct an investigation and report the Director s findings to the Minister. Who decides whether a Board should be appointed to investigate an alleged error? Who sits on the Board? (3) If on receipt of the report from the Director under subsection (2) the Minister is satisfied that an error in survey may have been made, the Minister may appoint a Board consisting of 3 members, one of whom shall be a member of The Law Society of Alberta and one of whom shall be a member of the Alberta Land Surveyors Association, to investigate the alleged survey error. Give two (2) significant dates that must be considered when re establishing lost corners under Part 3 of the Survey Act and describe the significance of each. Before February 16th, 1912 and after June 9th, 1988 all lot and block corners were set on Subdivision Plans

15 After February 16th, 1912 and before June 9th, 1988 all lot and block corners were not set on subdivision plans. Therefore, when retracing boundaries of a Lot the surveyor must know when to look for lot corners for governing evidence and when to look at the block corners for the governing evidence. What must a surveyor do under Section 47 following the registration of the plan? What time period must they do this in? (3) A surveyor who submits for registration a plan pursuant to subsection (1) shall, within one year from its registration or within a longer period of time specified by the Director, (a) place the monuments required by section 45(1) in accordance with the survey control markers and the co ordinates shown on the plan, and (b) file with the Registrar proof under oath, in the form prescribed by regulations under the Land Titles Act, of having done so. Dr. Ballantyne presented at the 2007 AGM on water boundaries. During his discussion, he talked about relevant acts in Alberta important to a Land Surveyor, and specifically Section 17 of the Surveys Act. Describe the contents of this section as it pertains to determining a water boundary. Natural boundary 17(1) A surveyor who needs to determine the position of a natural boundary when performing a survey under this Act may do so by any survey method that has the effect of accurately determining its location at the time of survey, relative to the surveyed boundaries of the affected parcel. (2) When surveying a natural boundary that is a body of water, the surveyor shall determine the position of the line where the bed and shore of the body of water cease and the line is to be referred to as the bank of the body of water. (3) For the purposes of this section, the bed and shore of a body of water shall be the land covered so long by water as to wrest it from vegetation or as to mark a distinct character on the vegetation where it extends into the water or on the soil itself. What is the standard of measure in use for land surveying in Alberta? What does an Alberta Land Surveyor have to do in order that the standard of measure is complied with? List the appropriate means by which a land surveyor can verify the GNSS instruments in use today Standard of measure 11(1) The measure of length used in surveys made under this Act must be the Canadian or the International System measure of length defined by the Weights and Measures Act (Canada). (2) A surveyor shall verify (a) all tapes used by the surveyor by comparison with a subsidiary standard of a type approved for that purpose bythe Director or by a person authorized in writing by the Director, and (b) all electronic linear measuring devices used by the surveyor by comparison with calibration base lines established by the Minister for that purpose. For GNSS multiple observations and remeasurement through other means (ie EDM)

16 In the context of the Surveys Act, define: a) bed and shore of a body of water For the purposes of this section, the bed and shore of a body of water shall be the land covered so long by water as to wrest it from vegetation or as to mark a distinct character on the vegetation where it extends into the water or on the soil itself. b) aliquot part a subdivision of a section based upon an even division by distances along the edges and not by equal area Draw a sketch of a typical township to illustrate the number and location of each section in the township. Show road allowances. [Fall 2010 STATUTE LAW] All surveys made under the Surveys Act must be certified by an Alberta Land Surveyor, and they must meet three (3) conditions. List them. Survey format and monument 10(1) All surveys made under this Act shall be made (a) under the personal supervision of a surveyor, (b) in accordance with good surveying practices, and (c) in accordance with this Act, and the plan of a survey shall be certified under oath by a surveyor in the form prescribed by regulations under the Land Titles Act. What would you need to consider when re establishing the boundaries of a lot surveyed under subdivision plan ? What are the important dates to consider when determining how to reestablish lot boundaries? Before February 16th, 1912 and after June 9th, 1988 all lot and block corners were set on Subdivision Plans After February 16th, 1912 and before June 9th, 1988 all lot and block corners were not set on subdivision plans. Therefore, when retracing boundaries of a Lot the surveyor must know when to look for lot corners for governing evidence and when to look at the block corners for the governing evidence. What must a surveyor do under Section 47 following the registration of the plan? What time period must they do this in? (3) A surveyor who submits for registration a plan pursuant to subsection (1) shall, within one year from its registration or within a longer period of time specified by the Director, (a) place the monuments required by section 45(1) in accordance with the survey control markers and the co ordinates shown on the plan, and (b) file with the Registrar proof under oath, in the form prescribed by regulations under the Land Titles Act, of having done so.

17 When a surveyor establishes a boundary for a plan at the Land Titles Office or the Métis Settlements Land Registry, he or she is required to post every change in direction, the beginning and end of every curve, and at every intersection of the boundary lines with every surveyed boundary of the parcels affected by the new survey. There are three (3) exceptions to this listed in the act. List them. Notwithstanding subsection (1), a surveyor a) when surveying a right of way that is to be bounded by parallel lines that are not more than 150 feet apart, need mark only one boundary line of the right of way, and the unmarked boundary shall be determined from the marked boundary and the width shown on the plan b) when surveying the boundaries of a strata space, as defined in the Land Titles Act, shall not mark the boundary lines of the horizontal, vertical or inclined planes or curved surfaces, but shall relate the locations of them (i) to at least 2 monuments of known elevation in the geographical positioning system placed within or adjacent to the boundaries of the parcel for that purpose, or (ii) to 2 survey control markers and shall relate the locations of them to the external boundaries of the parcel within which the spaces lie, and (c) when surveying the boundaries of condominium units other than bare land units as defined in the Condominium Property Act, shall not mark the boundary lines of the units but shall locate or re establish the monuments that determine the boundaries In what timeframe must a land surveyor register a plan in the following cases? a. Re establishment of a Part 3 Monument. (3) A surveyor who re establishes the position of a monument in accordance with subsection (1) or (2), or establishes a corner that was not previously marked by any monument in a survey made pursuant to this Part, (a) shall mark the position with a new monument, and (b) shall prepare and within 90 days after the completion of the survey submit to the Registrar a plan of survey showing the method by which the position was re established and shall certify that the survey was made in accordance with this Act. b. Establishment of a previously unmonumented section corner. (3) A surveyor who establishes a corner of a section, quarter section or legal subdivision that was not previously marked by a monument, or re establishes the position of a monument in accordance with subsection (1) or (2), (a) shall mark the position with a new monument, and (b) shall, within 90 days after completion of the survey, prepare and submit to the Registrar a plan of survey showing the method by which the position was re established. In the context of the Surveys Act, define (a) Bed and shore of a body of water For the purposes of this section, the bed and shore of a body of water shall be the land covered so long by water as to wrest it from vegetation or as to mark a distinct character on the vegetation where it extends into the water or on the soil itself. (b) Registrar registrar of Land Titles of Registrar of the Metis Settlements Land Registry

18 (c) Official Plan The confirmation of a plan referred to in subsection (1) by the Director shall be held to be a confirmation of the survey and the confirmed plan is the official plan. i (d) Legal Subdivision 28 Every section is considered to be divided into sixteen 1/4 quarter sections called legal subdivisions, each of 40 acres, more or less, arranged and numbered in the following order: List three (3) of the seven prescribed duties of the Director of Surveys. Director s duties 5(1) Subject to subsection (2), the Director shall (a) co ordinate the establishment, maintenance and preservation of the land survey system for the purpose of determining the positions of boundaries that govern the extent of interests in land, (b) co ordinate the establishment and maintenance of a geographical positioning system for Alberta, (c) co ordinate the establishment and maintenance of a mapping system for Alberta, (d) co ordinate the development and maintenance of a land related information systems network for Alberta, (e) maintain the network of survey control markers and controlled photographic diapositives that are the physical elements of the geographical positioning system, (f) provide a cartographic service, and (g) perform any other duties prescribed by this Act. Which correction line, if any, separates townships 66 and 67? 4*(BL# 1) = southerly twp 16 th correction line [Spring 2010 STATUTE LAW] The Surveys Act is divided into 3 main parts. Identify the heading for each part and briefly explain how each part is applied. (a) Part 1 General : Describes powers of Director, Alberta Land Surveyor, Survey Error Investigation, Right to Enter Property, Natural Boundaries, Survey Standards (b) Part 2 Surveys of Public Land and Metis Patented Land (c) Part 3 Surveys other than part 2 (ie subdivisions, resurveys, re establishment of Part 2 and Part 3 surveys) (d) Part 4 Misc. Fees and Penalties for pulled down monuments or interfering with a surveyor ($10,000 maximum) In the context of the Surveys Act, define: (a) bed and shore of a body of water For the purposes of this section, the bed and shore of a body of water shall be the land covered so long by water as to wrest it from vegetation or as to mark a distinct character on the vegetation where it extends into the water or on the soil itself. (b) geographical positioning system means a series of data bases co ordinated by the Director that contain the geographical positions of survey control markers, land survey monuments and photogrammetric control points;

19 (c) survey control marker means a network of interrelated survey control markers whose co ordinate positions form part of the geographical positioning system; (d) legal subdivision 28 Every section is considered to be divided into sixteen 1/4 quarter sections called legal subdivisions, each of 40 acres, more or less, arranged and numbered in the following order: What powers are granted to a surveyor with respect to taking evidence under oath? Evidence under oath before a surveyor 13(1) For the purposes of this Act, an affidavit or oath made pursuant to this Act may be taken before a surveyor. (2) A surveyor may (a) examine witnesses under oath with respect to all matters relating to the survey of land, and (b) administer an oath to every person the surveyor examines in relation to those matters. Give two significant dates that must be considered when re establishing lost corners under Part 3 of the Surveys Act. Describe the significance of each. Before February 16th, 1912 and after June 9th, 1988 all lot and block corners were set on Subdivision Plans After February 16th, 1912 and before June 9th, 1988 all lot and block corners were not set on subdivision plans. Therefore, when retracing boundaries of a Lot the surveyor must know when to look for lot corners for governing evidence and when to look at the block corners for the governing evidence. All surveys made under the Surveys Act must be certified by a land surveyor and they must meet 3 conditions. List them. Your client owns Section 4 and wants you to establish the location of the north ¼, on the blind line. It has never been posted. Draw a sketch, including required evidence and measurements, to show how you would determine the location of the north ¼. [Fall 2009 STATUTE LAW] Define the Director of Surveys defined by Section 4 of the Surveys Act List three of the seven prescribed duties of the Director of Surveys. Director s duties 5(1) Subject to subsection (2), the Director shall (a) co ordinate the establishment, maintenance and preservation of the land survey system for the purpose of determining the positions of boundaries that govern the extent of interests in land, (b) co ordinate the establishment and maintenance of a geographical positioning system for Alberta, (c) co ordinate the establishment and maintenance of a mapping system for Alberta, (d) co ordinate the development and maintenance of a land related information systems network for Alberta,

20 (e) maintain the network of survey control markers and controlled photographic diapositives that are the physical elements of the geographical positioning system, (f) provide a cartographic service, and (g) perform any other duties prescribed by this Act. A surveyor needs to determine a natural water boundary. What defines a natural water boundary? What methods can be used to represent these natural boundaries on a plan of survey? Who may establish survey control? What standard and specifications must survey control meet? According to the Surveys Act what mapping terms are assigned to the following township boundaries? What lines bound the east and west side of a township? What lines bound the north and south sides of a township? Township boundaries 21 The lines bounding townships (a) on the east and west sides are meridians, and (b) on the north and south sides are chords to parallels of latitude. In the course of a survey, an Alberta Land Surveyor re establishes a Part 3 monument. What is he/she required to do and in what time period? Re establishment of Part 3 survey monument 46(1) When a surveyor is required to re establish the position of a monument placed pursuant to this Part that cannot be found, the surveyor shall do so from the best available evidence respecting the position of the monument. (2) If the position of the monument cannot be satisfactorily re established under subsection (1), the surveyor shall re establish it relative to those monuments that can be found, in a manner that carries out the evident intention of the survey as it is shown on the plan of survey registered at the Land Titles Office or filed at the Metis Settlements Land Registry. (3) A surveyor who re establishes the position of a monument in accordance with subsection (1) or (2), or establishes a corner that was not previously marked by any monument in a survey made pursuant to this Part, (a) shall mark the position with a new monument, and (b) shall prepare and within 90 days after the completion of the survey submit to the Registrar a plan of survey showing the method by which the position was re established and shall certify that the survey was made in accordance with this Act. All surveys made under the Surveys Act must be certified by a Land Surveyor and they must meet three (3) conditions. List them. Survey format and monument 10(1) All surveys made under this Act shall be made (a) under the personal supervision of a surveyor, (b) in accordance with good surveying practices, and (c) in accordance with this Act,

21 and the plan of a survey shall be certified under oath by a surveyor in the form prescribed by regulations under the Land Titles Act. MSP List five required elements which should be on field notes? The field notes shall give a clear and detailed account of everything found, observed, and done during the course of the survey, including: 1. Date of observations, location, and purpose of the survey. 2. Type and identification of equipment. 3. Environmental conditions, including meteorological readings. 4. Name of the person(s) making and recording the observations. 5. Complete description of the condition of every monument found, restored, and placed, and of every permanent structure referencing that monument. 6. Record of all physical, documentary, and/or verbal searches made for evidence, and identification of all lost monuments. 7. Diagram representing the survey. [Spring 2009 STATUTE LAW] In the context of the Surveys Act; define (a) Survey Control means a network of interrelated survey control markers whose co ordinate positions form part of the geographical positioning system; (b) Monument means a brass tablet, iron post, wooden post, mound, pit or trench, or anything else used by a surveyor to mark a boundary, corner or line; (c) Official Plan The confirmation of a plan referred to in subsection (1) by the Director shall be held to be a confirmation of the survey and the confirmed plan is the official plan. A surveyor needs to determine a natural water boundary. (a) What defines a natural water boundary? (b) What methods can be used to represent these natural boundaries on a plan of survey? (a) What is the latitude of the 1st baseline? The first base line shall be the 49th parallel of latitude (b) What townships are bounded by the 3rd baseline? 4*(BL# 1) = southerly twp, TWP 8 and 9 (c) What townships are bounded by the 2nd correction line? TWP 6 and 7 (a) What lines bound the east and west side of a township? (b) What lines bound the north and south sides of a township? Township boundaries 21 The lines bounding townships (a) on the east and west sides are meridians, and (b) on the north and south sides are chords to parallels of latitude. In the course of a survey, an Alberta Land Surveyor re establishes a Part 2 monument. What is he/she required to do and in what time period? Re establishment of Part 2 survey monument

22 44(1) When a surveyor is required to re establish the position of a monument placed in the original survey in accordance with section 29 or 32 that cannot be found, the surveyor shall do so from the best available evidence respecting the position of the monument. (2) If the position of the monument cannot be satisfactorily ascertained under subsection (1) or if the corner was not previously marked by a monument in the original survey, the surveyor shall re establish the monument or establish the corner s position in relation to those monuments of the original or subsequent surveys that can be found, in a manner that carries out the evident intention of the original survey as shown in the original field notes and the official plan of record in the Director s office. (3) A surveyor who establishes a corner of a section, quarter section or legal subdivision that was not previously marked by a monument, or re establishes the position of a monument in accordance with subsection (1) or (2), (a) shall mark the position with a new monument, and (b) shall, within 90 days after completion of the survey, prepare and submit to the Registrar a plan of survey showing the method by which the position was re established. When is it required to monument both sides of a right of way? Corner on a correction line 27(1) In the case of a township, section or quarter section corner on a correction line, monuments shall be placed independently for the corners on each side in accordance with the regulations, by the surveyor doing the survey. Show by means of a sketch, Section 8 of a typical surveyed township. (a) Label all legal subdivisions and road allowances (assume 1 chain road allowances). (b) Show all the monuments on the sketch that you would typically expect to find in the field. (c) Circle the monuments on the sketch that would be used for deriving the position of the four corners of legal subdivision 14. If no monuments have been placed to mark the corners of legal subdivisions, the corners are the midpoints of the boundaries of the quarter sections and the intersections of the straight lines joining those midpoints. [Fall 2008 STATUTE LAW] In the context of the Surveys Act, define: (a) bed and shore of a body of water For the purposes of this section, the bed and shore of a body of water shall be the land covered so long by water as to wrest it from vegetation or as to mark a distinct character on the vegetation where it extends into the water or on the soil itself. (b) geographical positioning system. means a series of data bases co ordinated by the Director that contain the geographical positions of survey control markers, land survey monuments and photogrammetric control points; (c) survey control marker means any mark, other than a monument, set in the ground whose co ordinate position is confirmed by the Director under section 8;

23 A surveyor needs to determine a natural water boundary. (a) What defines a natural water boundary? (b) What methods can be used to determine such boundaries? Natural boundary 17(1) A surveyor who needs to determine the position of a natural boundary when performing a survey under this Act may do so by any survey method that has the effect of accurately determining its location at the time of survey, relative to the surveyed boundaries of the affected parcel. (2) When surveying a natural boundary that is a body of water, the surveyor shall determine the position of the line where the bed and shore of the body of water cease and the line is to be referred to as the bank of the body of water. (3) For the purposes of this section, the bed and shore of a body of water shall be the land covered so long by water as to wrest it from vegetation or as to mark a distinct character on the vegetation where it extends into the water or on the soil itself. (a) What two (2) significant dates must be considered when re establishing lost corners in a subdivision? (b) What procedure would you follow if you were re establishing a lost corner on a registered plan dated November 9, 1950? (c) What procedure would you follow if you were re establishing a lost corner on a registered plan dated November 9, 2001? Before February 16th, 1912 and after June 9th, 1988 all lot and block corners were set on Subdivision Plans After February 16th, 1912 and before June 9th, 1988 all lot and block corners were not set on subdivision plans. Therefore, when retracing boundaries of a Lot the surveyor must know when to look for lot corners for governing evidence and when to look at the block corners for the governing evidence. Name three (3) duties of the Director of Surveys under the Act. Director s duties 5(1) Subject to subsection (2), the Director shall (a) co ordinate the establishment, maintenance and preservation of the land survey system for the purpose of determining the positions of boundaries that govern the extent of interests in land, (b) co ordinate the establishment and maintenance of a geographical positioning system for Alberta, (c) co ordinate the establishment and maintenance of a mapping system for Alberta, (d) co ordinate the development and maintenance of a land related information systems network for Alberta, (e) maintain the network of survey control markers and controlled photographic diapositives that are the physical elements of the geographical positioning system, (f) provide a cartographic service, and (g) perform any other duties prescribed by this Act.

24 Show by means of a sketch the monuments you would expect to locate and the monuments you would establish when demarcating the West ½ of LSD 14, Section 9 of a standard township. (No distances are necessary for the purpose of this question.) If no monuments have been placed to mark the corners of legal subdivisions, the corners are the midpoints of the boundaries of the quarter sections and the intersections of the straight lines joining those midpoints. [Spring 2008 STATUTE LAW] Describe the process for dealing with survey errors under the Surveys Act. Define (a) Aliquot part a subdivision of a section based upon an even division by distances along the edges and not by equal area (b) Registrar Registrar of Land Titles or Registrar of Metis Settlements Land Registry (c) Official Plan The confirmation of a plan referred to in subsection (1) by the Director shall be held to be a confirmation of the survey and the confirmed plan is the official plan. A surveyor needs to determine a natural water boundary. (a) What defines a natural water boundary? (b) What methods can be used to determine such boundaries? Natural boundary 17(1) A surveyor who needs to determine the position of a natural boundary when performing a survey under this Act may do so by any survey method that has the effect of accurately determining its location at the time of survey, relative to the surveyed boundaries of the affected parcel. (2) When surveying a natural boundary that is a body of water, the surveyor shall determine the position of the line where the bed and shore of the body of water cease and the line is to be referred to as the bank of the body of water. (3) For the purposes of this section, the bed and shore of a body of water shall be the land covered so long by water as to wrest it from vegetation or as to mark a distinct character on the vegetation where it extends into the water or on the soil itself. Show by means of a sketch, the monuments you would expect to locate, and the monuments you would establish, when demarcating the West ½ of LSD 14, Section 31 of a standard township. (An estimate of proposed distances is necessary for the purpose of this question.) If no monuments have been placed to mark the corners of legal subdivisions, the corners are the midpoints of the boundaries of the quarter sections and the intersections of the straight lines joining those midpoints. When a surveyor re establishes a lost corner or establishes a new monument during the course of a survey, what must be done? Re establishment of Part 2 survey monument

25 44(1) When a surveyor is required to re establish the position of a monument placed in the original survey in accordance with section 29 or 32 that cannot be found, the surveyor shall do so from the best available evidence respecting the position of the monument. (2) If the position of the monument cannot be satisfactorily ascertained under subsection (1) or if the corner was not previously marked by a monument in the original survey, the surveyor shall re establish the monument or establish the corner s position in relation to those monuments of the original or subsequent surveys that can be found, in a manner that carries out the evident intention of the original survey as shown in the original field notes and the official plan of record in the Director s office. (3) A surveyor who establishes a corner of a section, quarter section or legal subdivision that was not previously marked by a monument, or re establishes the position of a monument in accordance with subsection (1) or (2), (a) shall mark the position with a new monument, and (b) shall, within 90 days after completion of the survey, prepare and submit to the Registrar a plan of survey showing the method by which the position was re established. What is required on a plan of survey submitted for registration to correctly represent the boundaries of a strata space? b) when surveying the boundaries of a strata space, as defined in the Land Titles Act, shall not mark the boundary lines of the horizontal, vertical or inclined planes or curved surfaces, but shall relate the locations of them (i) to at least 2 monuments of known elevation in the geographical positioning system placed within or adjacent to the boundaries of the parcel for that purpose, or (ii) to 2 survey control markers and shall relate the locations of them to the external boundaries of the parcel within which the spaces lie, and [Fall 2007 STATUTE LAW] Describe the process for dealing with survey errors under the Surveys Act. Define (a) Director Director of Surveys appointed by the Minister according to the Government Organization Act (b) Registrar Registrar of Land Titles or Registrar of Metis Settlements Land Registry (c) Official Plan The confirmation of a plan referred to in subsection (1) by the Director shall be held to be a confirmation of the survey and the confirmed plan is the official plan. A surveyor needs to determine a natural water boundary. (a) What defines a natural water boundary? (b) What methods can be used to determine such boundaries? Natural boundary

26 17(1) A surveyor who needs to determine the position of a natural boundary when performing a survey under this Act may do so by any survey method that has the effect of accurately determining its location at the time of survey, relative to the surveyed boundaries of the affected parcel. (2) When surveying a natural boundary that is a body of water, the surveyor shall determine the position of the line where the bed and shore of the body of water cease and the line is to be referred to as the bank of the body of water. (3) For the purposes of this section, the bed and shore of a body of water shall be the land covered so long by water as to wrest it from vegetation or as to mark a distinct character on the vegetation where it extends into the water or on the soil itself. Show by means of a sketch the monuments you would expect to locate, and the monuments you would establish when demarcating the West ½ of LSD 14, Section 2 of a standard township. (An estimate of proposed distances is necessary for the purpose of this question.) What does integration with survey control mean? means obtaining sufficient measurements from ASCMs into the survey to permit the derivation of grid bearings and the computation of a closure starting at an ASCM and proceeding along the shortest path through the survey to another ASCM. [Spring 2007 STATUTE LAW] Describe the process for dealing with survey errors under the Surveys Act. Define a) Legal Subdivision 28 Every section is considered to be divided into sixteen 1/4 quarter sections called legal subdivisions, each of 40 acres, more or less, arranged and numbered in the following order: b) Geographical Positioning System means a series of data bases co ordinated by the Director that contain the geographical positions of survey control markers, land survey monuments and photogrammetric control points; c) Surveyor means an Alberta land surveyor as defined in the Land Surveyors Act d) Official Plan The confirmation of a plan referred to in subsection (1) by the Director shall be held to be a confirmation of the survey and the confirmed plan is the official plan. A surveyor needs to determine a natural water boundary. a) What defines a natural water boundary? For the purposes of this section, the bed and shore of a body of water shall be the land covered so long by water as to wrest it from vegetation or as to mark a distinct character on the vegetation where it extends into the water or on the soil itself b) What methods can be used to determine such boundaries? Natural boundary 17(1) A surveyor who needs to determine the position of a natural boundary when performing a survey under this Act may do so by any survey method that has the effect of accurately determining its location at the time of survey, relative to the surveyed boundaries of the affected parcel.

27 (2) When surveying a natural boundary that is a body of water, the surveyor shall determine the position of the line where the bed and shore of the body of water cease and the line is to be referred to as the bank of the body of water. (3) For the purposes of this section, the bed and shore of a body of water shall be the land covered so long by water as to wrest it from vegetation or as to mark a distinct character on the vegetation where it extends into the water or on the soil itself. Show by means of a sketch the monuments you would expect to locate and the monuments you would establish when demarcating the West ½ of LSD 14, Section 9 of a standard township. (No distances are necessary for the purpose of this question.) If no monuments have been placed to mark the corners of legal subdivisions, the corners are the midpoints of the boundaries of the quarter sections and the intersections of the straight lines joining those midpoints. [Fall 2006 STATUTE LAW] Describe the process for dealing with survey errors under the Surveys Act. Under the Act what powers are granted to a Surveyor in regards to a) Right of Entry Right to enter private property 16 A surveyor and the surveyor s authorized assistants may, using reasonable care, pass over, measure along and ascertain the bearings of any line or boundary, and for those purposes may pass over or through the land of any person, but the surveyor is liable for any damage the surveyor or the surveyor s assistants cause. b) Evidence Under Oath Evidence under oath before a surveyor 13(1) For the purposes of this Act, an affidavit or oath made pursuant to this Act may be taken before a surveyor. (2) A surveyor may (a) examine witnesses under oath with respect to all matters relating to the survey of land, and (b) administer an oath to every person the surveyor examines in relation to those matters. c) Compelling Attendance of a Witness Compelling attendance of witness 14(1) When a surveyor (a) is in doubt as to the true corner or boundary of any parcel that the surveyor is surveying, and (b) has reason to believe that a person has information with respect to it or a plan or document that may establish its true position, and that person (i) does not willingly appear before and allow himself or herself to examined by the surveyor, or (ii) does not produce to the surveyor the plan or document on demand, the surveyor may apply to a justice of the peace for a subpoena.

28 (2) An application under subsection (1) shall include an affidavit What two (2) significant dates must be considered when re establishing lost corners in a subdivision? Before February 16th, 1912 and after June 9th, 1988 all lot and block corners were set on Subdivision Plans After February 16th, 1912 and before June 9th, 1988 all lot and block corners were not set on subdivision plans. Therefore, when retracing boundaries of a Lot the surveyor must know when to look for lot corners for governing evidence and when to look at the block corners for the governing evidence. Define a) Legal Subdivision For the purposes of this section, the bed and shore of a body of water shall be the land covered so long by water as to wrest it from vegetation or as to mark a distinct character on the vegetation where it extends into the water or on the soil itself b) Official Plan The confirmation of a plan referred to in subsection (1) by the Director shall be held to be a confirmation of the survey and the confirmed plan is the official plan. c) Bed and Shore For the purposes of this section, the bed and shore of a body of water shall be the land covered so long by water as to wrest it from vegetation or as to mark a distinct character on the vegetation where it extends into the water or on the soil itself. Which correction line, if any, separates Townships 39 and 40? 4*(BL# 1) = southerly twp None, the 11 th baseline is north of 40 Name three (3) duties of the Director of Surveys under the Act. Director s duties 5(1) Subject to subsection (2), the Director shall (a) co ordinate the establishment, maintenance and preservation of the land survey system for the purpose of determining the positions of boundaries that govern the extent of interests in land, (b) co ordinate the establishment and maintenance of a geographical positioning system for Alberta, (c) co ordinate the establishment and maintenance of a mapping system for Alberta, (d) co ordinate the development and maintenance of a land related information systems network for Alberta, (e) maintain the network of survey control markers and controlled photographic diapositives that are the physical elements of the geographical positioning system, (f) provide a cartographic service, and (g) perform any other duties prescribed by this Act. A surveyor needs to determine a natural water boundary a) What defines a natural water boundary? b) What methods can be used to determine such boundaries?

29 Natural boundary 17(1) A surveyor who needs to determine the position of a natural boundary when performing a survey under this Act may do so by any survey method that has the effect of accurately determining its location at the time of survey, relative to the surveyed boundaries of the affected parcel. (2) When surveying a natural boundary that is a body of water, the surveyor shall determine the position of the line where the bed and shore of the body of water cease and the line is to be referred to as the bank of the body of water. (3) For the purposes of this section, the bed and shore of a body of water shall be the land covered so long by water as to wrest it from vegetation or as to mark a distinct character on the vegetation where it extends into the water or on the soil itself. [Spring 2006 STATUTE LAW] The Surveys Act is divided into four (4) parts. Identify the heading for each part and briefly explain how each part is applied. (e) Part 1 General : Describes powers of Director, Alberta Land Surveyor, Survey Error Investigation, Right to Enter Property, Natural Boundaries, Survey Standards (f) Part 2 Surveys of Public Land and Metis Patented Land (g) Part 3 Surveys other than part 2 (ie subdivisions, resurveys, re establishment of Part 2 and Part 3 surveys) (h) Part 4 Misc. Fees and Penalties for pulled down monuments or interfering with a surveyor ($10,000 maximum) In the context of the Surveys Act; Define a) bed and shore of a body of water For the purposes of this section, the bed and shore of a body of water shall be the land covered so long by water as to wrest it from vegetation or as to mark a distinct character on the vegetation where it extends into the water or on the soil itself. b) geographical positioning system means a series of data bases co ordinated by the Director that contain the geographical positions of survey control markers, land survey monuments and photogrammetric control points; c) survey control marker means any mark, other than a monument, set in the ground whose co ordinate position is confirmed by the Director under section 8; d) legal subdivision For the purposes of this section, the bed and shore of a body of water shall be the land covered so long by water as to wrest it from vegetation or as to mark a distinct character on the vegetation where it extends into the water or on the soil itself Give two significant dates that must be considered when re establishing lost corners under Part 3 of the Surveys Act. Describe the significance of each. Before February 16th, 1912 and after June 9th, 1988 all lot and block corners were set on Subdivision Plans After February 16th, 1912 and before June 9th, 1988 all lot and block corners were not set on subdivision plans. Therefore, when retracing boundaries of a Lot the surveyor must know when to look for lot corners for governing evidence and when to look at the block corners for the governing evidence.

30 What must be done within 1 year of a plan being registered under section 47? (3) A surveyor who submits for registration a plan pursuant to subsection (1) shall, within one year from its registration or within a longer period of time specified by the Director, (a) place the monuments required by section 45(1) in accordance with the survey control markers and the co ordinates shown on the plan, and (b) file with the Registrar proof under oath, in the form prescribed by regulations under the Land Titles Act, of having done so. Describe the procedure for surveying a 99 foot road allowance on a correction line. (2) When surveying a road allowance that is 99 feet wide (a) the centre of sections, quarter sections and legal subdivisions shall be located in the same relative positions as if a road allowance that is 66 feet wide existed, and (b) in the case of a correction line, the road allowance shall be given its prescribed width midway between the south east corner of section 4 of the township north of the correction line, and the northeast corner of section 33 of the township south of the correction line. What powers are granted to a surveyor with respect to taking evidence under oath? Evidence under oath before a surveyor 13(1) For the purposes of this Act, an affidavit or oath made pursuant to this Act may be taken before a surveyor. (2) A surveyor may (a) examine witnesses under oath with respect to all matters relating to the survey of land, and (b) administer an oath to every person the surveyor examines in relation to those matters. Your client owns Section 4 and wants you to establish the location of the north ¼, on the blind line. It has never been posted. Draw a sketch, including required evidence and measurements, to show how you would determine the location of the north ¼. Quarter section position 26(1) If an east west section line does not have a road allowance adjacent to it and if a monument has not been placed at a quarter section corner on that east west section line, then the position of that quarter section corner is the point that is midway on a straight line connecting the section corners lying on either side of the quarter section. [Fall 2005 STATUTE LAW] The Surveys Act is divided into four(4) parts. Identify the heading for each part and briefly explain how each part is applied. (i) Part 1 General : Describes powers of Director, Alberta Land Surveyor, Survey Error Investigation, Right to Enter Property, Natural Boundaries, Survey Standards (j) Part 2 Surveys of Public Land and Metis Patented Land

31 (k) Part 3 Surveys other than part 2 (ie subdivisions, resurveys, re establishment of Part 2 and Part 3 surveys) (l) Part 4 Misc. Fees and Penalties for pulled down monuments or interfering with a surveyor ($10,000 maximum) In the context of the Surveys Act; Define a) bed and shore of a body of water For the purposes of this section, the bed and shore of a body of water shall be the land covered so long by water as to wrest it from vegetation or as to mark a distinct character on the vegetation where it extends into the water or on the soil itself. b) geographical positioning system means a series of data bases co ordinated by the Director that contain the geographical positions of survey control markers, land survey monuments and photogrammetric control points; c) survey control marker means any mark, other than a monument, set in the ground whose co ordinate position is confirmed by the Director under section 8; d) legal subdivision For the purposes of this section, the bed and shore of a body of water shall be the land covered so long by water as to wrest it from vegetation or as to mark a distinct character on the vegetation where it extends into the water or on the soil itself Give two significant dates that must be considered when re establishing lost corners under Part 3 of the Surveys Act. Describe the significance of each. Before February 16th, 1912 and after June 9th, 1988 all lot and block corners were set on Subdivision Plans After February 16th, 1912 and before June 9th, 1988 all lot and block corners were not set on subdivision plans. Therefore, when retracing boundaries of a Lot the surveyor must know when to look for lot corners for governing evidence and when to look at the block corners for the governing evidence. What must be done within 1 year of a plan being registered under section 47? (3) A surveyor who submits for registration a plan pursuant to subsection (1) shall, within one year from its registration or within a longer period of time specified by the Director, (a) place the monuments required by section 45(1) in accordance with the survey control markers and the co ordinates shown on the plan, and (b) file with the Registrar proof under oath, in the form prescribed by regulations under the Land Titles Act, of having done so. Name three (3) duties of the Director of Surveys under the Act. Director s duties 5(1) Subject to subsection (2), the Director shall (a) co ordinate the establishment, maintenance and preservation of the land survey system for the purpose of determining the positions of boundaries that govern the extent of interests in land, (b) co ordinate the establishment and maintenance of a geographical positioning system for Alberta, (c) co ordinate the establishment and maintenance of a mapping system for Alberta,

32 (d) co ordinate the development and maintenance of a land related information systems network for Alberta, (e) maintain the network of survey control markers and controlled photographic diapositives that are the physical elements of the geographical positioning system, (f) provide a cartographic service, and (g) perform any other duties prescribed by this Act. What rights and duties does an Alberta Land Surveyor have with respect to entering private property? Right to enter private property 16 A surveyor and the surveyor s authorized assistants may, using reasonable care, pass over, measure along and ascertain the bearings of any line or boundary, and for those purposes may pass over or through the land of any person, but the surveyor is liable for any damage the surveyor or the surveyor s assistants cause. Your client owns Section 4 and wants you to establish the location of the north ¼, on the blind line. It has never been posted. Draw a sketch, including required evidence and measurements, to show how you would determine the location of the north ¼. [Spring 2005 STATUTE LAW] (a) What is the standard of measure in use for land surveying in Alberta? (b) What does an Alberta Land Surveyor have to do in order that the standard of measure is complied with? (c) List the appropriate means by which a land surveyor can verify the GPS instruments in use today. Standard of measure 11(1) The measure of length used in surveys made under this Act must be the Canadian or the International System measure of length defined by the Weights and Measures Act (Canada). (2) A surveyor shall verify (a) all tapes used by the surveyor by comparison with a subsidiary standard of a type approved for that purpose bythe Director or by a person authorized in writing by the Director, and (b) all electronic linear measuring devices used by the surveyor by comparison with calibration base lines established by the Minister for that purpose. For GNSS multiple observations and remeasurement through other means (ie EDM) Give two significant dates that must be considered when re establishing lost corners under Part 3 of the Surveys Act. Describe the significance of each. Before February 16th, 1912 and after June 9th, 1988 all lot and block corners were set on Subdivision Plans After February 16th, 1912 and before June 9th, 1988 all lot and block corners were not set on subdivision plans. Therefore, when retracing boundaries of a Lot the surveyor must know when to look for lot corners for governing evidence and when to look at the block corners for the governing evidence.

33 Section 9 of the Surveys Act provides for a Survey Error Investigation. (a) Four bodies or individuals may make written notification to start the Section 9 process. List two (2) of these. b) Who performs the initial investigation prior to appointment of the Board? Survey error investigation The Director shall on receipt of a written notice from a land owner, the council of a municipality, the Council of the Alberta Land Surveyors Association or a Registrar stating that the position of a corner or boundary is in question as the result of an alleged error in a survey or may, for any reason the Director considers sufficient, conduct an investigation and report the Director s findings to the Minister. ( (c) Who decides whether a Board should be appointed to investigate an alleged error? (d) Who sits on the Board? (3) If on receipt of the report from the Director under subsection (2) the Minister is satisfied that an error in survey may have been made, the Minister may appoint a Board consisting of 3 members, one of whom shall be a member of The Law Society of Alberta and one of whom shall be a member of the Alberta Land Surveyors Association, to investigate the alleged survey error. Under the Act what powers are granted to a surveyor in regards to (a) Right of Entry Right to enter private property 16 A surveyor and the surveyor s authorized assistants may, using reasonable care, pass over, measure along and ascertain the bearings of any line or boundary, and for those purposes may pass over or through the land of any person, but the surveyor is liable for any damage the surveyor or the surveyor s assistants cause. (b) Evidence Under Oath Evidence under oath before a surveyor 13(1) For the purposes of this Act, an affidavit or oath made pursuant to this Act may be taken before a surveyor. (2) A surveyor may (a) examine witnesses under oath with respect to all matters relating to the survey of land, and (b) administer an oath to every person the surveyor examines in relation to those matters. (c) Compelling Attendance of a Witness (3) If on receipt of the report from the Director under subsection (2) the Minister is satisfied that an error in survey may have been made, the Minister may appoint a Board consisting of 3 members, one of whom shall be a member of The Law Society of Alberta and one of whom shall be a member of the Alberta Land Surveyors Association, to investigate the alleged survey error. Section 10 of the Surveys Act outlines conditions that all surveys made under the Act must adhere to including monumentation. Please explain the conditions.

34 Establishing boundaries 45(1) If a surveyor does a survey for a plan that is required to be registered at the Land Titles Office or filed at the Metis Settlements Land Registry, the surveyor shall (a) mark the positions of the boundary lines to be established by placing monuments (i) at every change of direction and the beginning and end of every curve, and (ii) at every intersection of the boundary lines with every surveyed boundary of the parcels affected by the new survey, and (b) make all measurements necessary to show the positions of the monuments placed and the boundary lines to be established, relative to the existing surveyed boundary lines of the parcels affected. [Fall 2004 STATUTE LAW] (a) What is the standard of measure in use for land surveying in Alberta? (b) What does an Alberta Land Surveyor have to do in order that the standard of measure is complied with? (c) List the appropriate means by which a land surveyor can verify the GPS instruments in use today. Standard of measure 11(1) The measure of length used in surveys made under this Act must be the Canadian or the International System measure of length defined by the Weights and Measures Act (Canada). (2) A surveyor shall verify (a) all tapes used by the surveyor by comparison with a subsidiary standard of a type approved for that purpose bythe Director or by a person authorized in writing by the Director, and (b) all electronic linear measuring devices used by the surveyor by comparison with calibration base lines established by the Minister for that purpose. For GNSS multiple observations and remeasurement through other means (ie EDM) Give two significant dates that must be considered when re establishing lost corners under Part 3 of the Surveys Act. Describe the significance of each. Before February 16th, 1912 and after June 9th, 1988 all lot and block corners were set on Subdivision Plans After February 16th, 1912 and before June 9th, 1988 all lot and block corners were not set on subdivision plans. Therefore, when retracing boundaries of a Lot the surveyor must know when to look for lot corners for governing evidence and when to look at the block corners for the governing evidence. Section 9 of the Surveys Act provides for a Survey Error Investigation. (a) Four bodies or individuals may make written notification to start the Section 9 process. List two of these. (b) Who performs the initial investigation prior to appointment of the Board? Survey error investigation

35 The Director shall on receipt of a written notice from a land owner, the council of a municipality, the Council of the Alberta Land Surveyors Association or a Registrar stating that the position of a corner or boundary is in question as the result of an alleged error in a survey or may, for any reason the Director considers sufficient, conduct an investigation and report the Director s findings to the Minister. (c) Who decides whether a Board should be appointed to investigate an alleged error (d) Who sits on the Board? (3) If on receipt of the report from the Director under subsection (2) the Minister is satisfied that an error in survey may have been made, the Minister may appoint a Board consisting of 3 members, one of whom shall be a member of The Law Society of Alberta and one of whom shall be a member of the Alberta Land Surveyors Association, to investigate the alleged survey error. Under the Act what powers are granted to a surveyor in regards to (a) Right of Entry Right to enter private property 16 A surveyor and the surveyor s authorized assistants may, using reasonable care, pass over, measure along and ascertain the bearings of any line or boundary, and for those purposes may pass over or through the land of any person, but the surveyor is liable for any damage the surveyor or the surveyor s assistants cause. (b) Evidence Under Oath Evidence under oath before a surveyor 13(1) For the purposes of this Act, an affidavit or oath made pursuant to this Act may be taken before a surveyor. (2) A surveyor may (a) examine witnesses under oath with respect to all matters relating to the survey of land, and (b) administer an oath to every person the surveyor examines in relation to those matters. (c) Compelling Attendance of a Witness Compelling attendance of witness 14(1) When a surveyor (a) is in doubt as to the true corner or boundary of any parcel that the surveyor is surveying, and (b) has reason to believe that a person has information with respect to it or a plan or document that may establish its true position, and that person (i) does not willingly appear before and allow himself or herself to examined by the surveyor, or (ii) does not produce to the surveyor the plan or document on demand, the surveyor may apply to a justice of the peace for a subpoena. (2) An application under subsection (1) shall include an affidavit A surveyor needs to determine a natural water boundary. (a)what defines a natural water boundary?

36 When surveying a natural boundary that is a body of water, the surveyor shall determine the position of the line where the bed and shore of the body of water cease and the line is to be referred to as the bank of the body of water. For the purposes of this section, the bed and shore of a body of water shall be the land covered so long by water as to wrest it from vegetation or as to mark a distinct character on the vegetation where it extends into the water or on the soil itself. (b)what methods can be used to determine such boundaries? Natural boundary 17(1) A surveyor who needs to determine the position of a natural boundary when performing a survey under this Act may do so by any survey method that has the effect of accurately determining its location at the time of survey, relative to the surveyed boundaries of the affected parcel. (2) When surveying a natural boundary that is a body of water, the surveyor shall determine the position of the line where the bed and shore of the body of water cease and the line is to be referred to as the bank of the body of water. (3) For the purposes of this section, the bed and shore of a body of water shall be the land covered so long by water as to wrest it from vegetation or as to mark a distinct character on the vegetation where it extends into the water or on the soil itself. [Spring 2004 STATUTE LAW] When a surveyor re establishes a Part 2 lost corner or establishes a new monument (under Part 2) during the course of a survey, what must be done? How much time does the surveyor have to do it? Re establishment of Part 2 survey monument 44(1) When a surveyor is required to re establish the position of a monument placed in the original survey in accordance with section 29 or 32 that cannot be found, the surveyor shall do so from the best available evidence respecting the position of the monument. (2) If the position of the monument cannot be satisfactorily ascertained under subsection (1) or if the corner was not previously marked by a monument in the original survey, the surveyor shall re establish the monument or establish the corner s position in relation to those monuments of the original or subsequent surveys that can be found, in a manner that carries out the evident intention of the original survey as shown in the original field notes and the official plan of record in the Director s office. (3) A surveyor who establishes a corner of a section, quarter section or legal subdivision that was not previously marked by a monument, or re establishes the position of a monument in accordance with subsection (1) or (2), (a) shall mark the position with a new monument, and

37 (b) shall, within 90 days after completion of the survey, prepare and submit to the Registrar a plan of survey showing the method by which the position was re established. Your client has asked you to prepare a delayed posting plan. Describe what you need to do in order to comply with the Surveys Act. (3) A surveyor who submits for registration a plan pursuant to subsection (1) shall, within one year from its registration or within a longer period of time specified by the Director, (a) place the monuments required by section 45(1) in accordance with the survey control markers and the co ordinates shown on the plan, and (b) file with the Registrar proof under oath, in the form prescribed by regulations under the Land Titles Act, of having done so. Give two significant dates that must be considered when re establishing lost corners under Part 3 of the Surveys Act. Describe the significance of each. Before February 16th, 1912 and after June 9th, 1988 all lot and block corners were set on Subdivision Plans After February 16th, 1912 and before June 9th, 1988 all lot and block corners were not set on subdivision plans. Therefore, when retracing boundaries of a Lot the surveyor must know when to look for lot corners for governing evidence and when to look at the block corners for the governing evidence. Section 9 of the Surveys Act provides for a Survey Error Investigation. (a) Four bodies or individuals may make written notification to start the Section 9 process. List two of these. (b) Who performs the initial investigation prior to appointment of the Board? Survey error investigation The Director shall on receipt of a written notice from a land owner, the council of a municipality, the Council of the Alberta Land Surveyors Association or a Registrar stating that the position of a corner or boundary is in question as the result of an alleged error in a survey or may, for any reason the Director considers sufficient, conduct an investigation and report the Director s findings to the Minister. (c) Who decides whether a Board should be appointed to investigate an alleged error? (d) Who sits on the Board? (3) If on receipt of the report from the Director under subsection (2) the Minister is satisfied that an error in survey may have been made, the Minister may appoint a Board consisting of 3 members, one of whom shall be a member of The Law Society of Alberta and one of whom shall be a member of the Alberta Land Surveyors Association, to investigate the alleged survey error.

38 Name three (3) duties of the Director of Surveys under the Act. Director s duties 5(1) Subject to subsection (2), the Director shall (a) co ordinate the establishment, maintenance and preservation of the land survey system for the purpose of determining the positions of boundaries that govern the extent of interests in land, (b) co ordinate the establishment and maintenance of a geographical positioning system for Alberta, (c) co ordinate the establishment and maintenance of a mapping system for Alberta, (d) co ordinate the development and maintenance of a land related information systems network for Alberta, (e) maintain the network of survey control markers and controlled photographic diapositives that are the physical elements of the geographical positioning system, (f) provide a cartographic service, and (g) perform any other duties prescribed by this Act. [2003 STATUTE LAW] Define (a) Legal subdivision For the purposes of this section, the bed and shore of a body of water shall be the land covered so long by water as to wrest it from vegetation or as to mark a distinct character on the vegetation where it extends into the water or on the soil itself (b) Monument means a brass tablet, iron post, wooden post, mound, pit or trench, or anything else used by a surveyor to mark a boundary, corner or line; (c) Official plan The confirmation of a plan referred to in subsection (1) by the Director shall be held to be a confirmation of the survey and the confirmed plan is the official plan. The legal bank of a body of water is the limit of the bed and shore. Define "bed and shore For the purposes of this section, the bed and shore of a body of water shall be the land covered so long by water as to wrest it from vegetation or as to mark a distinct character on the vegetation where it extends into the water or on the soil itself. Draw a sketch of a typical township to illustrate the number and location of each section in the township. (Ignore road allowances.) In the following sketch of hypothetical Section 3, Township 45 assume: all lines have a bearing of exactly 0 degrees or 90 degrees, and dimensions X and A are the theoretical dimensions defined in the Act.

39 Your client owns Section 4 and wants you to establish the location of the north 1/4, on the blind line. It has never been posted. Draw a sketch, including required evidence and measurements, to show how you would determine the location of the north ¼ Quarter section position 26(1) If an east west section line does not have a road allowance adjacent to it and if a monument has not been placed at a quarter section corner on that east west section line, then the position of that quarter section corner is the point that is midway on a straight line connecting the section corners lying on either side of the quarter section. Which correction line, if any, separates Townships 63 and 64? 4*(BL# 1) = southerly twp 17 th baseline is just south of township 64 no correction line How many acres are there in a theoretical 1/4 section adjacent to a baseline? (Assume insignificant meridian convergence.) 160 Acres Explain why the date of plan registration and the shape of the boundary must be considered when assessing evidence governing the position of a lot comer on a subdivision block boundary. Before February 16th, 1912 and after June 9th, 1988 all lot and block corners were set on Subdivision Plans After February 16th, 1912 and before June 9th, 1988 all lot and block corners were not set on subdivision plans.