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Chapter D14 ver. 1

Land Descriptions

Table of Contents

Effective Date

This Chapter is effective January 1, 1997. It was originally published as Chapter D14 of the Third Edition of the Manual of Instructions for the Survey of Canada Lands.

Chapter Sections

General

  1. A land description is the part of a document dealing with land which defines the actual location and extent of the land by reference to features on the ground, to a plan of survey or to a map.
  2. The format of a land description must be satisfactory to the department administering the land and consistent with other descriptions prepared for similar purposes.
  3. Descriptions of provincial lands to be transferred to Canada may be prepared in accordance with provincial formats and standards provided the lands are clearly defined.

Procedures

  1. A full written land description should contain the following:
    1. the parcel designation, if any, and its source;
    2. the location of the parcel by reference to province, territory, county, township, section, range, Indian Reserve, National Park, etc.;
    3. the nature of each boundary of the parcel which is a natural or man-made feature;
    4. the bearings of all artificial boundaries of the parcel;
    5. a description of the meridian or point of origin to which all bearings are referenced;
    6. the length of all artificial boundaries and the unit of measurement;
    7. the source, reference datum, reference meridian, origin and date of the last adjustment for any coordinates used;
    8. the area of the parcel;
    9. the record numbers of all survey plans, maps, or other documents referred to in the description;
    10. official names for places and natural features according to the federal, provincial or territorial edition of the Gazetteer of Canada;
    11. references to the registration number of a previous description of the parcel if the previous description is being amended or replaced;
    12. restrictions, rights, obligations, or caveats having an effect on the boundaries of the lands being described; and
    13. if applicable, a statement as to whether or not mines and minerals are included in the parcel and, if only partly included, the extent of the inclusion.
  2. If the parcel to be described is completely depicted on an official plan of survey which is recorded in the Canada Lands Surveys Records or in a provincial registration office, the parcel designation and the plan record number( s) shall be used in preference to a full written description of the boundaries.
  3. When a description is based on a survey plan any restrictions on the use of the survey plan also apply to the use of the description (e. g. a description based on an explanatory plan should not be used for a transfer of title).
  4. If a map or plan is used in a land description and the map or plan is not registered or deposited in a public registry, then it shall be referred to by source, name, scale, and date of edition. A transparent and stable copy of it shall be recorded in the Canada Lands Surveys Records or regional records.
  5. When the boundaries of lands being described are governed by natural or man-made features then the natural or man-made features must be mentioned in the description regardless of whether the features are also described by coordinates or other measurements.
  6. When a reference to more than one element (such as coordinates, a monument, or a natural feature) is used in the description of a parcel, it must be clear which one of the elements is the primary element defining that boundary.
  7. Bearings, lengths, lot and block numbers, sections, ranges, townships, meridian, Indian Reserve numbers, plan numbers, areas, etc., are to be described by numeric or alpha-numeric references as applicable instead of in the full written form.
  8. Subject to paragraph 12, where a new survey has been made to describe an existing parcel, the previous description should be replaced by a new description based on the new survey.
  9. A previous description used in a transaction should not be amended unless there is a change in the boundaries being described.
  10. When areas or distances used in a full written land description are subject to the position of monuments, natural boundaries or other objects on the ground the term "more or less" or "about" shall qualify such areas and distances measured.