ALBERTA LAND SURVEYORS ASSOCIATION PROFESSIONAL EXAMINATION Fall 2013 STATUTE LAW (Closed Book Exam) Time Limit: 3 hours Total Marks: 100 Note: This exam consists of 34 questions on 7 pages No calculator or electronic devices are allowed. Any candidate found with wireless technology will be expelled from the examination room. Marks CONDOMINIUM PROPERTY ACT 2 1. What are the differences between a building condominium unit and a strata lot? 2 2. Is it necessary to obtain subdivision approval to re-divide a unit or units shown on a condominium plan? 2 3. In the context of the Condominium Property Act, define the following: (a) Redivision (b) Bare Land Unit 3 4. (a) Give two examples of Exclusive Use Areas (EUA). (b) Can an EUA be created on units and/or Common Property? 6 5. Lot 2 Block 1 Plan 012 3456 is subdivided into common property and five (5) bare land condominium units each with a unit factor of 2000. The bare land condominium plan is registered as Plan 112 3581. (a) How is the legal description on the title to Unit 3 written? (b) Your client asks that you divide Unit 3 Plan 112 3581 into four (4) bare land condominium units. i) What do you use as your plan heading? ii) Assign a valid unit number and valid unit factors to each of these four (4) redivision units. iii) In addition to the unit number and unit factor, what information is required in the unit factor table? (c) Upon further review, your client requests that you divide Unit 3 into four (4) units and common property. Is this possible? Subtotal /15 Statute Law Fall 2013 Page 1
LAND SURVEYORS ACT 6 1. (a) Name four (4) non-statutory ALSA committees. (b) List four (4) ALSA bodies which are statutory committees. (c) Which statutory bodies must include a member of the public? (d) Are these public members elected or appointed? If appointed, who appoints them? 2 2. Name four (4) ways in which a practitioner could be found guilty of unskilled practice and/or unprofessional conduct. 3 3. List three (3) duties and responsibilities of the Council of the ALSA. 5 4. The Act contains eight (8) definitions to define the practice of land surveying List five (5) of these definitions. Subtotal /16 Statute Law Fall 2013 Page 2
LAND TITLES ACT 2 1. When a subdivision plan is registered at the Land Titles Office, the registrar must perform certain steps in consideration of the titles. Give two of these steps. 2 2. If a Descriptive Plan has the effect of subdividing the land, the plan has specific restrictions for the lands. What are those two restrictions? 2 3. One of the documents that an Alberta Land Surveyor provides to Land Titles for registration of a plan is the Surveyor s Affidavit. Within the affidavit, there are three sworn statements. Provide two of those statements in your own words. 3 4. In the context of the Land Titles Act, define: (a) Transferee (b) Encumbrance (c) Registration 4 5. Land defined in any certificate of title granted under the Land Titles Act is subject to certain implied conditions. List four (4) of these implied conditions. 4 6. Listed below are a number of encumbrances, liens and interests one could see on a registered title. Describe how you, as a Land Surveyor, would deal with each of the issues. (a) A builders lien when registering a Condominium Plan. (b) A mortgage against a quarter section (you are registering a pipeline right-of-way plan). (c) A caveat supporting a surface lease within a quarter section (you are registering a descriptive plan). (d) A utility right-of-way which crosses a road within your proposed subdivision. Subtotal /17 Statute Law Fall 2013 Page 3
OIL AND GAS CONSERVATION ACT AND REGULATIONS 2 1. Define the following terms under the Oil and Gas Regulations: (a) Water Body (b) Target Area 5 2. A well license application shall include a plan of survey containing a number of requirements as per the Oil and Gas Conservation Regulations. List all five (5) of these plan requirements. 4 3. Define and give one (1) example for each of the following: (a) Surface Development (b) Surface Improvement 1 4. (a) Is an undeveloped road allowance within surveyed territory considered to be a surface improvement? (b) Is a theoretical road allowance in unsurveyed territory considered to be a surface improvement? 1 5. A company must advise the Regional Manager, Air Navigation Requirements, Transport Canada of the derrick height when it proposes to drill a well within a certain distance of a lighted aerodrome. What is the distance? Statute Law Fall 2013 Page 4
OIL AND GAS CONSERVATION ACT AND REGULATIONS 3 6. The Oil and Gas Conservation Regulations contain rules with respect to well naming. (a) What are the maximum amount of characters and spaces allowed in a well name? (b) For the following sketch, please provide the appropriate well name that would show up on the plan of survey. Assumptions: Strike Area = Esther Company Name = Rockingham Energy Ltd. Or Rockhm Subtotal /16 Statute Law Fall 2013 Page 5
MUNICIPAL GOVERNMENT ACT 2 1. In making a decision as to whether to approve an application for subdivision, the subdivision authority must consider, with respect to the land that is the subject of the application. List any four (4) of these nine (9) considerations. 4 2. In the context of the Municipal Government Act, define: (a) Road (b) Reserve Land (c) Public Utility (d) Environmental Reserve 2 3. How much land for roads and utilities can a subdivision authority require from an owner of a parcel of land which is subject to a proposed subdivision? 2 4. A subdivision authority may not require the owner of a parcel of land that is the subject of a proposed subdivision to provide land or money in place of reserve land in certain conditions. Name two (2) of the four (4) conditions. 3 5. List all the types of reserves (other than environmental reserve) that a subdivision authority might require from an owner of a parcel of land being subdivided. 2 6. When closed, title to roads is vested in what body or bodies: (a) in a city? (b) in a municipality other than a city? 2 7. Gerald Kearse owns Settlement Lots 1 and 2. His certificate of title reads Lots 1 and 2. He wants to obtain two certificates of title (one for each lot) so he can sell Lot 2. Does he need approval from the Subdivision Authority? Explain. Subtotal /17 Statute Law Fall 2013 Page 6
SURVEYS ACT 2 1. What must a surveyor do under Section 47 following the registration of the plan? What time period must they do this in? 2 2. In the context of the Surveys Act, define: (a) Bed and shore of a body of water (b) Survey Control Marker 2 3. 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. 5 4. 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? (b) What is required if a monument defining a boundary of the original survey is found after the registration of a re-survey? (c) When can a re-survey be completed under Part 2? (d) When can a re-survey be completed under Part 3? 6 5. 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.) 2 6. 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? Subtotal /19 Total /100 Statute Law Fall 2013 Page 7