Chapter 2: Legal Land Description

Land Description Methods

Descriptive Fundamentals - Land is described for legal purposes that 1 piece of land cannot be mistaken for another. A description must include the most complete legal identification of the property.

Township - division of a county into several areas for administrative purposes.

Concession - strips of land making up a township, each separated by a road. 

Single Front Township - the oldest township system. consisting of 200-acre lots. 

Double Front Township - township consisting of 100-acre half-lots.

Sectional System Township - township consisting of 1000-acre sections with divisions into lots.

Land Measurement - based on the old chains and links system. A chain is 66 feet, 100 links make a chain and 80 chains = 1 mile. This system is still a basis for land descriptions in ON today.

 

Meets and Bounds - a system of written land description whereby all boundary lines are set forth by use of terminal points and angles. 

Directions and Quadrantal Bearings - a method of expressing the direction of a line in terms of the acute angle it makes with the north-south line chosen as the reference line for that particular survey. 

Analysing a Metes and Bounds Description: 

• Direction - the reference to degrees, minutes and seconds represents very accurate compass directions. The division of degrees into 60 parts called minutes. And minutes into 60 called seconds.
• Distance - the measurement is given in 100 of foot, the expression more or less  (погрешность) is still used. 
• Enclosing the Property - the line must reach the place of commencement. 
• Location - to indicate the perimeter of the parcel by setting out directions and distances. 
• Compass Bearings - the bearings are compass directions. The first direction is always true north or south.

Surveys - is prepared by Ontario Land Surveyor, depicts accurate math measurements of land and improvements. Also involved in the preparation of the Description.

Ontario Surveys - surveyors in ON are subject to Surveys Act and Surveyors Act. The Association of ON Land Surveyors determined that survey consists of:

1. Research
2. Measurements
3. Monumentation
4. Plan and/or Report

Cadastral Surveying - refers to a division of land, visual presentation showing boundaries, dimensions etc. 

Surveys Act - sets out requirements for the establishment of lines, boundaries, and corners. It consists of 11 parts that describe methods and procedures.

Surveyors Act - the Association of ON Land Surveyors, as the governing body for land surveyors in the province, operates under the provision of the Surveyors Act, it sets out standards of practice concerning field surveys and plans: 

1. Part I (Interpretation) - definitions relating to surveying.
2. Part II (Field Survey Standards) - establishing accepted terminology for licensed members to engage in the cadastral surveying. 
3. Part III (Plans) - applies to plans executed by a registered member while engaged in cadastral surveying. 
4. Part IV (Report) - describes the components included in a surveyor's real property report. The report must consist of a plan of survey and a written report. 

Surveyor's Real Property Report - plan of survey and a written report. It represents a full survey of the property, with the exception that complete monumentation is not required. Only the front angles of the property must be monumented. This survey does show everything that might affect the title of the property as well as the enjoyment of the property by the owner.

Reference Plan - is not a plan of subdivision, but rather a plan of a survey that meets req. as set out in the Surveys Act. A reference plan normally describes more than 1 area with each identified as a part (ex. PART I, PART II...). Buildings may or may not be shown.

Plan of Subdivision - a detailed survey indicating lots, blocks of land, road allowances etc. Subdivision Plans divide the land into numbered or named units such as lots, blocks, streets etc. 

Condominium - the Condominium Act sets out procedures for registering documents in the land registry office. 

Description - diagrammatic presentation of the property and structures on the property. 

Declaration - a document that sets out the responsibilities of the owners and condo corporation. Constitution of the condo.

 

Road Systems

Road Categories:

• Provincial Highways
• County Roads - are usually numbered in ON, and marked with trapezoid shaped signs. 
• Township and Municipal Roads 

Highway Legislation  - Public Transportation and Highway Improvement Act administered by the Ministry of Transportation. 

Permits - developers may require permits for building and land use permit when a structure is being constructed within a highway corridor control area or an encroachment permit when work must be completed within the highway right-of-way.