In 1878, a township was surveyed in Muskoka. The returns of survey included the surveyor’s 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.
Based on this information, please answer the following questions:
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? Discuss your answers.
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?