The Township of Stromburg in the Province of Ontario was surveyed by PLS Breese under instructions of the Crown Lands survey office in 1823 and is an 1800 acre sectional system. Within the Township is a body of water named Lauren Lake which bisects several Township lots. Lucky Bay is one of several Bays within Lauren Lake.
The Crown Patent for Lot 18, Concession 7 contains the following:
The metes and bounds description contained in the patent is as follows:
“Commencing at a post at the southeast angle of the lot; then westerly seventy chains more or less to the Lake; then along the bank of the Lake 21 chains more or less to the northerly limit of the lot, then westerly 65 chains more or less to the northwest angle of the lot, then 20 chains more or less to the point of commencement.”
In 1948 the owner of a portion of Lot 18, Concession 7 subdivided his lands into cottage lots by Registered Plan 703 which fronted on the lake. The limit of the subdivision where it meets the lake is labelled “High Water Mark” and the cottage lots on the subdivision are shown to extend to that line. There is an unlabelled line to the west beyond which the notation “Lucky Bay” appears. The configuration of the subdivision plan is shown in Figure 1. Wood Stakes were planted where each lot line intersected the “high water mark” line and several are in existence today. Being in a fairly secluded area the beach has not been regularly used by the public.
You are asked to survey Lot 37 on Registered Plan 703. You have found a number of original survey markers labelled as:
“Saving and reserving, nevertheless, unto us, our successors and assigns, the free uses, passage
and enjoyment of, in, over and upon all navigable waters that now are or may be hereafter
found on or under, or flowing through or upon any part of the said parcel or tract of land;”
“FD. SIB” “FD. IB” “FD. WS”
Standard Iron Bar Iron Bar
Wood Stake
Your establishment of the boundaries of the property indicate that there is a significant difference in the distance to the high water mark published on the Registered Plan and to the current water’s edge. You have located the current water’s edge in the field.
A number of elevations in the beach area and in the waters of the Bay were collected as part of the field work. Figure 1 shows the elevations (in feet) as well as the lot line dimensions (in metres).
The federal government has recorded the water levels of Lauren Lake for the past 200 years. Your research indicates that the waters of the lake at relevant times were as follows:
1823 580.6’ ASL 1948 584.9’ ASL 2020 583.7’ ASL
Your client has no knowledge of boundary and riparian law but understands from discussions with his lawyer at the time of purchase that he owns the lot as shown on the Registered Plan as defined by the survey markers, and his deed simply describes the land as “All of Lot 37 on Registered Plan 703”.
Your task, as a surveyor, is to establish the limits of what your client owns. For this assignment you will write a report to your client – not an experts report, but keep in mind it could be produced at discovery should this lead to litigation – outlining your research, findings, and where you intend to place the limits of his property. This report will include a sketch and will quote all relevant case and statute law and explain how you came to your conclusions. The report should be at least three pages, not including drawings.
This assignment counts for 25% of your overall mark. Marks will be distributed as follows:
Grammar, spelling, and communication – 5 marks Understanding the issues – 10 marks
Applying the evidence to relevant law – 10 marks