Property Boundaries * where are they and their importance to on

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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 SYSTEM
LOCATION (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/SETBACKS
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
4000
14207375
5018883.
471845.1
5018479.
471217.8
188
189
257
200
10000
com.caris
2
PROVINCIAL PROPERTY MAPPING
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
CONCLUSION
Boundary 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/regulati
ons.tech.guidelines.asp
4. Association of Nova Scotia Land Surveyors –
www.ansls.ca
5. Waste Water Nova Scotia – www.wwns.ca
QUESTIONS
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Prepared by the Association of
Nova Scotia Land Surveyors
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