Ontario Bar Association Professional Development. Boundaries: Land Surveyors Tell You Where You Are. Public Protection Measures and Practices

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1 Ontario Bar Association Professional Development Boundaries: Land Surveyors Tell You Where You Are Public Protection Measures and Practices

2 Principle Object of AOLS The principal object of the Association is to regulate the practice of professional land surveying and to govern its members and holders of certificates of authorization in accordance with this Act, the regulations and the by-laws in order that the public interest may be served and protected.

3 What is a survey? no definition of the word survey in legislation E-laws website shows over 1100 hits in 81 Statutes and Regulations. Dictionary.com contains several definitions, including: to determine the exact form, boundaries, position, extent, etc., of (a tract of land, section of a country, etc.) by linear and angular measurements and the application of the principles of geometry and trigonometry

4 What is a survey? To examine or look at comprehensively. To inspect carefully; scrutinize c.1386 (implied in surveyance), from O.Fr. surveeir, from M.L. supervidere "oversee, meaning "to take linear measurements of a tract of ground" is recorded from The noun is attested from 1548, "act of viewing in detail."

5 Cadastral Surveying practice of cadastral surveying means advising on, reporting on, conducting or supervising the conducting of surveys to establish, locate, define or describe lines, boundaries or corners of parcels of land or land covered with water.

6 Cadastral Surveying Cadastral surveying, licence required 11. (1) No person shall engage in the practice of cadastral surveying or hold himself, herself or itself out as engaging in the practice of cadastral surveying unless licensed under this Act.

7 Cadastral Surveying Certificate of Authorization 11.(2) No person shall provide to a member of the public a service that is part of the practice of cadastral surveying except under and in accordance with a certificate of authorization.

8 Types of Surveys Cadastral (Legal Boundary) Subdivision Condominium Reference Plan Surveyor s Real Property Report (SRPR) Non-Cadastral Topographic Site Plan Engineering Other Sketches (e.g. severance) Lease Area Measurements Accident surveys

9 Cadastral Surveys 2 CATEGORIES Original Surveys Create new geographic entities Original township surveys Plans of subdivision Condominium Retracement Surveys Re-establish boundaries where they were originally established not where they were meant to be Surveyor s opinion

10 Cadastral Surveys - Original Plan of Subdivision Creates new geographic entities and extinguishes underlying fabric Condominium Creates new geographic fabric, similar to subdivision, but may be in 3 dimensions Must specify unit and level to describe unique parcel Unit boundaries generally described by physical surfaces

11 Original Township The First Subdivision

12 Modern Plan of Subdivision

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14 Surveyor s Certificate

15 Condominium Plans

16 Cross-section Showing the Vertical Extent of Units

17 Details of Unit Boundaries

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19 Cadastral Surveys - Retracement Reference Plans Do not create new geographic entities Replaced old metes and bounds descriptions with a graphical illustration of surveyed boundaries Illustrate other details that could affect boundaries Deposited not registered so have no effect on title Most commonly used to describe newly created parcels (e.g. semi-detached dwellings) or easements Usually a requirement for a severance

20 Reference Plan

21 Cadastral Surveys - Retracement Surveyor s Real Property Report Most commonly used in Real Estate transactions Content is mandated by Regulation 42/96 locates a building or structure in relation to the boundaries of a unit of land plan of survey and a written report. name of the client all buildings and structures and the foundations of all buildings and structures under construction on the lands and their distances from the boundaries of the lands; number of storeys of all buildings and their external construction materials municipal address of the property, if any

22 Surveyor s Real Property Report Plan of Survey

23 SRPR New Housing

24 Questions the SRPR Answers Am I buying what I see on the ground? Am I getting the area that I bargained for? Are there problems or hidden liabilities that could affect future enjoyment of the property? Do the improvements on the property conform to zoning bylaws? Is the property that I viewed actually the same property that is described in the deed?

25 Why Get a SRPR?

26 Why Get a SRPR?

27 Why Get a SRPR? Property Line

28 Misuse of SRPR s

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30 Sketches Sketches are most commonly prepared for severance applications to Land Division Committees A sketch is not a survey! Sketches may be compiled from a variety of sources, such as aerial photos, previous surveys, maps, and some survey measurements Generally not signed unless required

31 Typical Sketch for Severance Application

32 Title Block Detail

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34 Portion of SRPR

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36 OLS Notes

37 OLS Plan of Survey

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