PROPERTY BOUNDARIES

AND THEIR IMPORTANCE TO

ON-SITE DISPOSAL SYSTEMS

PRESENTED TO WASTEWATER NOVA SCOTIA

REGIONAL WINTER MEETINGS

JANUARY 13 TO FEBRUARY 27, 2015

PRESENTED By:

The Association of Nova Scotia Land Surveyors

TABLE OF CONTENTS

1. Authority in boundary determination

2. Examples of ambiguous deed descriptions

3. Relevance to On Site system location

4. Dept. of Environment Requirements –

Sketches/Offsets/Setbacks

TABLE OF CONTENTS

5. Importance of Getting it (locating it) Right

6. Example 1 – Best case scenario

7. Example 2 – Worse case scenario (after the fact)

8. Conclusion

9. References

10. Questions

AUTHORITY IN BOUNDARY DETERMINATION

By Virtue of the Land Surveyors Act, only Nova Scotia Land Surveyors can: Locate, Determine, Position and Report on property boundaries in N.S.

http://nslegislature.ca/legc/statutes/land%20surveyors.pdf

Boundaries are often obscure and not obvious as to location. New/old subdivisions – Plans, No Plans, Easements, Setbacks, Witness Markers

Question: How does someone know with certainty where a boundary is?

DEED DESCRIPTIONS TO SURVEY

The following are portions of descriptions contained in registered documents in the province of Nova Scotia.

Agreement recorded Sept. 14th, 1923 at 9 am in Book 32 at Page 649 in the County of Inverness; “until it reaches the top of the hill above Wash Brook, where the bear tore the blanket or to a point directly opposite the said road”. Deed recorded April 28th, 1970 at 10:30 am in Book 94 at Page 754 in the County of Inverness; “Also one acre of land at the head of the hay field which is now a cow pasture at the present time for William Ivy;

DEED DESCRIPTIONS TO SURVEY

Also reserved one acre of land at the same place at the head of the hay field for Delore Ivy.”

· Deed recorded April 14th, 1983 at 11:18 am in Book 3673 at Page 637 in the County of Halifax; “Beginning at a wood stake located at the high water mark at Clam Harbour in the County of Halifax, approximately (40) miles from Dartmouth in the Province of Nova Scotia along the Eastern Shore Highway”.

· Challenge: To establish boundaries where no previous plans exist.

RELEVANCE TO ONSITE SYSTEM LOCATION

a) Each Lot or Parcel is unique, all different shapes and sizes.

b) Systems vary in size and requirements based on lot assessment.

c) System must fit within the Lot or Parcel including meet all necessary setbacks from property boundaries and other features (such as wells, ditches, watercourses, and wetlands).

RELEVANCE TO ONSITE SYSTEMLOCATION (continued)

d) Lots are generally created to minimum size based on topography and soil types so care in location

and construction is important.

e) Maximum Lot yield in newer subdivisions is the developers’ demand. Professional judgement should never be compromised in an assessment.

f) Important to consider affect on adjacent lots with any development and do not encroach or destroy boundary line evidence when grubbing.

DEPT. OF ENVIRONMENT SKETCHES/OFFSETS/SET

BACKS

IMPORTANCE OF GETTING IT RIGHT

Systems that are poorly designed, located, installed, used, or maintained could:

1. Contaminate a water supply

2. Contaminate a watercourse, wetland, or marine water

body

3. Harm human health, injuriously affect adjacent land

and land owners

IMPORTANCE OF GETTING IT RIGHT(continued)

4. Cost a great deal to repair (remove, re-install, mitigate

other issues)

5. Expose Installers to potential liabilities (due to any one of

the above)

Source: NS Environment Website

http://www.novascotia.ca/nse/wastewater/on.site.sewage.disposal.asp

PROVINCIAL PROPERTY MAPPING

com.caris10000200257189257188471217.85018479.471845.15018883.1420737540002

REGISTERED SURVEY PLAN FOR LOT 3

LOT 3 SOUTH LINE WITH SURVEY MARKERS

BED ENCROACHMENT SURVEY MARKER

DISTURBED

BED ENCROACHMENT CONTINUED

ALL CORNER MARKERS ONSITE

CONCLUSIONBoundary Locations are critical to proper system location and peaceful occupation.

Boundaries aren’t always easy to locate even when it may seem so.

It is extremely important to ensure systems not only meet all technical design specifications, but also be properly located with certainty.

Nova Scotia Land Surveyors are part of the solution to proper system location.

CONCLUSION (continued)

Costs of involving a Land Surveyor – Minimal (especially in comparison to system costs).

Protection of the Public is our common battle cry so we have to work together to ensure that costly mistakes do not happen.

Contact any Nova Scotia Land Surveyor when boundaries, and location of systems with respect to boundaries is required. Protect your clients investment!

REFERENCES

1. Land Surveyors Act, Province of Nova Scotia, retrieved from: http://nslegislature.ca/legc/statutes/land%20surveyors.pdf

2. Nova Scotia Environment Website, On-site Sewage Disposal section at: http://www.novascotia.ca/nse/wastewater/on.site.sewage.disposal.asp

REFERENCES (continued)

3. Nova Scotia Environment – Onsite sewage disposal regulations and technical guidelines, retrieved from: http://www.novascotia.ca/nse/wastewater/regulations.tech.guidelines.asp

4. Association of Nova Scotia Land Surveyors – www.ansls.ca

5. Waste Water Nova Scotia – www.wwns.ca

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Prepared by the Association of Nova Scotia Land Surveyors

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QUESTIONS

THANK YOU