Land surveyor's report made simple
I want to first wish you all a wonderful Easter Sunday and I hope you had a blessed season. A Matter of Land experiences another milestone next week as it marks its second anniversary.
This week, I want to inform you about the things on a land surveyor identification report.
A land surveyor's report is one of the quickest documents you can get from your land surveyor as the final document that is delivered to you rests solely with him. He need not send it to any agency for checking or approval because his signature is all that is needed to make it a valid legal document.
There needs to be a clarification made with regard to what things are customarily on a land surveyor's identification report.
The volume and folio numbers are stated, the lot number, and the deposit plan number, if any. The civic address and property name as stated on the title are also given. The surveyor will also state if the property he visited is the same property for which the title is given.
He also states whether the boundary is in general agreement with the registered boundary. He must also state if the restrictive covenants have been checked and if there are any breaches of these covenants.
He will also state if there is any evidence of an easement on the property as well as whether there are buildings on the property or if it is a vacant lot. Mention will be made as to the nature of the boundary, whether it is open or the type of fence around the perimeter. There will be a sketch plan showing the property and what unit of measurement is used.
If the lot is a strata lot, in addition to some of the same information as stated above, the area is also checked to ensure that it agrees with the registered area. If there is any encroachment on the common area(s), this is also stated.
There is a note on the report that often causes concern for many persons, including lawyers. There is a note that states: "This report is not prepared from a survey made in accordance with the Land Surveyors Law and Regulation and therefore cannot be used for the establishment of any fence, buildings or other improvement on the property."
This doesn't mean that the report is not legal (as I was asked by an attorney recently). It means that the standards of accuracy as stipulated by the Land Surveyors Act are not necessarily used in preparing the report. There are some notes on the reverse side of the report that explain the standards that are used and define some of the terms used on the report itself.
Now, the next time you get a land surveyor's report, you will be much more empowered as you will know what to look for on your report.
Keep sending your questions and comments and let's continue to explore 'A Matter of Land'. Until next time, traverse well.
n Craig Francis is a commissioned land surveyor and managing director of Precision Surveying Services Ltd. He can be contacted for questions or queries at firstname.lastname@example.org or his Facebook page Precision Surveying Services.