In 1878, a township was surveyed in Muskoka. The returns of survey included the surveyor’s

Question

drawing of the Township Plan, a small portion of which appears at Figure 1. Separate patents
were given for Lots 12 and 13, Concession III, and Lot 12, Concession IV, in 1880, 1881 and 1882
respectively, and all subsequent dealings with title were under the Land Titles Act.
In 1968, a surveyor was asked to prepare a survey for the owner at that time of Lot 13,
Concession III. Part of that survey appears at Figure 2.
Today, you are the surveyor who is asked to survey the West Half of Lot 13, Concession III. In
doing so, you are told that the owner of Lot 13, Concession III, was able to get a severance
approved, but that application for severance was not based on any survey work. When your
field crew returns from the initial survey of the site and the data is downloaded, it plots out as
shown in Figure 3. None of the figures are to scale
1. When did the boundary between Lots 12 and 13, Concession III, and Lot 12, Concession IV,
come into legal existence? When did it come into physical existence?
2. What is your opinion of the boundary location between Lots 12 and 13, Concession III? Why?
3. Is the part shown on Figure 3 part of your client’s property? Why? Or why not?
4. Based on your answer in 2 above, what does this do to the ownership of cottage B? What
more information do you need to answer this question

Answer 1

1. The boundary between Lots 12 and 13, Concession III, and Lot 12, Concession IV came into legal existence with the issuance of separate patents in 1880, 1881, and 1882. It came into physical existence at the time of the original survey in 1878.

2. Based on the information provided, it is difficult to determine the exact location of the boundary between Lots 12 and 13, Concession III. The surveyor's drawing in Figure 1 does not provide enough detail or accurate measurements. A more detailed survey of the area would be needed to determine the exact boundary location.

3. Based on Figure 3, it appears that the part shown is not part of the client's property. The boundary lines mentioned in the previous question do not align with the current survey data.

4. Based on the information provided in the question, it is unclear what impact this has on the ownership of cottage B. More information is needed to determine the ownership status of cottage B, such as a survey of the specific boundaries and lot lines in relation to the current survey.