Chapter 2: Legal Land Description

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LAND DESCRIPTION METHODS

Descriptive Fundamentals

Primary documents containing the legal land description include the deed and survey

Secondary documents include assessment notices & municipal tax bills

The Basis of Modern Land Description

Basis lies in the original survey completed in 1792 by Governor Simcoe who divided Ontario into counties by hiring a team of surveyors to trek through bushes to mark boundary lines

County: boundaries often followed a river or lake and were divided into smaller parcels referred to as townships and each township was divided into strips called concessions marked by Roman Numerals beginning with I. Each concession was marked by a road allowance and divided into lots, running at right angle to the concessions and numbered in arabic numbers from 1

"Lot 5 in Concession III in the Township of Anytownship, in the County of Anycountry"

Differing Township Structures

Single Front Township: normally contain 200 acres lots, usually following rivers and lakes

Double Front Township: half lots containing 100 acres

Sectional System Township: 1,000 acres sections with 100 acres

Visual Plan

Subdivision lots are described numerically

"Lot 27, Plan 99M-165, City of Anycity"

Lot # designates his property and the plan number informs the searcher of the following: the land registration office is identified by the number (99), the plan can be found under land titles (indicated by M), and the plan # being 165 (the 165th plan registered in that land registration office)

METES AND BOUNDS

system of written land description whereby all boundary lines are set forth by use of terminal points and angles; metes referring to a limit or limiting mark (ie. distance) and bounds referring to boundary lines (ie directions).

Metes & Bounds arose from necessity to sever land originally described by means of township surveys that was part of a whole lot-demand increased for smaller lots, severances were required.

"That part of Lot 5 which lies North of a line parallel to and perpendicularly distant 69 ft, measured southerly, from the Northern limit of said lot"

Directions & Quadrantal Bearings

are a method of expressing the directions 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

"The lines having bearings of North 20 degrees 49 minutes 30 seconds West & South 20 degrees 49 mins and 30 secs East both form angles of 20 deg

49 minutes 30 seconds with the north-south line used for this description"

Analyzing Metes & Bounds

Typical metes & bounds makes reference to the following key concepts:

Direction: (reference to degrees, mins, secs rep compass directions) reference to 60 parts called minutes & further into 60 secs, draftman to describe the angle

Distance, Enclosing the Property, Location & Compass Bearings

Surveys

Land surveys are referred to Cadastral survey referring to the division of land

4 types of surveys exist when listing and selling of residential and commerical real estate

Research

Measurement

Monumentation

Plan and or Report

To establish true boundaries of a property, the surveyor's mandate is to follow the rules of evidence based on precedent setting court cases:

Natural Boundary lines eg. rivers

original monuments eg stone, iron bars and other items set during the first running of lines

Physical evidence of ground takes precedence over written evidence in transfer/deed

Surveys Act

Sets out requirements for the establishment and/or re-establishment of survey items such as lines, boundaries and corners

Surveyor's Act

Sets out standards of practice concerning field surveys & plans while allowing interpretation

Part 1- Interpretation: definition relating to surveying

Part 2-Field Survey Standards: establish acceptable terminology for members of association-sets out survey standards-field notes ind. everything found, observed

Part 3-Plans: applies plans executed by surveyor while engaging in cadastral surveying

Part 4-Surveyors Real Property Report: this locates a building or structure in relation to boundaries

report consist plan of survey & written report to be read in conjunction with plan

plan includes notes specifying the name of client, all building structures, foundation under construction, #of stories & municipal address

Surveyors Real Property Report

Must contain Part 1: Plan of Survey & 2. The Written Report

Must also contain the following:

Address & info regarding title or registry office designation

Dimension of boundaries

Designations of adjacent properties, roads & land section

Location & description of all improvements along with set backs of property boundaries ie. overhanges, eaves, fences, swimming pool, drive ways, walkways

Location of easements/right away affecting properties

L:ocation of survey monuments

note indicating whom the plan is prepared

Certification by an Ontario Land Surveyor

Written Report

Reference Plan

is a survey that normally describes more than one % in land (each % defined as a part) deposited in the Land Registry office

is a survey that provides a graphic illustration of property pursuant to requirements set out in the Registry Act or Land Titles Act

Graphic illustration of the land & associated metes and bounds description to permit a more effective way of describing property

All Changes to land require R-plan 1033-reference plan

Reference Plans-normally require for:

Severance of existing parcel of land (lot)-formal consent

First application under the Land Titles Act

Any instrument that is submitted for registration

Plan of A Survey

resembles the overall format & content of a R-plan with 2 major differences

cannot be deposited as a separate document-lack certification & other items required for Registry Act or Land Titles Act

A survey normally describes a specific property while a reference plan describes several

Plan of Subdivision

must be approved by municipal authorities and registered in the land registry office

A registered plan of subdivision prepared by an Ontario Land Surveyor showing lots, blocks or parcels of land intended to be dealt with separately

Assigned #'s & divided #'s of named subdivision

Creates new goeographic identity

arise due to a need for smaller lots

Compiled Plans

were designed for general info and guidance only

visual depiction of adjoining land to clarify metes and bounds description in Ontario land registration offices

discontinued 1985-may still appear when reviewing land registry recordsLRCP-The Land Registrars Compiled Plan (not a plan of survey, visual indexing system, identify adjacent properties

MOCP-Municipally Ordered Compile Plan-requested by municpalities to assist in Land development

Condominium

The Condo Act-sets out procedures

declaration & descriptions must be registered in order for a condo corporation to legally become into existence

Description:

a diagrammatic presentation of the property & structure with in condo corporation

Includes items plans of survey, architectual plans & structural plans & other legislative requirements

Condo Act Requires:

Plan of Survey showing perimeters of land & building

Architectual Building Plans (including an architech certificate that all buildings are in accordance with regulation under Act

Structural plans along with Engineering Certificate

Boundaries of all units in relation to Building

Diagram depicting the shape/dimension of each unit and location in relation to other units & structures

A certificate signed by an Ontario Land Surveyor stating the unit diagram are correct

A description of all appurtenant (something added to the property) ind. with property

Any other material

Declaration (constitution on Condo Corp)

Statement that the Condo Act govern the land & appurtenant

Consent of Mortgages

Proportionate % of each unit in the common elements

Proportionate % of each unit in allocating contribution to common elements

Address

Parts in common used by designated unit

Common Expenses

Conditions or restriction concerning occupancy

Responsibilties of Condo Corp

Allocation of obligation-of common elements

ROAD SYSTEMS

Legally, road described in much the same way as the land by being designated as such on plans of subdivision, identified on reference plans and described in survey

Road allowances now an extensive road system through province

Categories

1. Provincial Hwys-Ontario-3 categories a) 400 series-king hwy 400 & 401, b) 2nd hwy-Northern to central ontario c) Tertiary Road-1960 provides access to remote areas in province with intention of uprading route to 2nd hwy's

2. County Roads-usually # in On & marked with trapezoid shaped signs often including country road

3. Township & Municipal Roads-local level

4. Hwy Legislation-Provincial hwy leg defines hwy as public passage-vehicular

5. Permits-placing buildings, fences. gasoline, pumps or other structures

Geographic Info System

new digital technology (GIS) combines best of mapping with database outlining everything ie. roads, land developments environmentally sensitive area

GIS -public/private GIS-better planning, lower administrative cost, fewer redundancies & better decision making

GIS software-layers of info including street, building, parcels of land, natural geogrraphic features, crime stats, traffic court & zoning requirements

Data is derived from 3 primary sources:

1. Spatial data mapping information including geographic features-building & streets

2. Tabular data quantified info. to complement a mapping feature eg. building permits issued by area

3. Image data visual image eg. satellite images & arieal photographs

Vector Modelling Method: mathematical expression of a feature eg. location, building lines, township lines & roads

Raster Modelling Method: bit mapped visual depiction of the feature ie. visual charting of rainfall stats over a defined geographic area

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