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Appendix E6 ver. 1

Instructions for Preparation of Compiled Plans of Consolidations of Yukon Titled Land

Table of Contents

Effective Date

This Chapter is a new chapter. It will be effective February 15, 2010.

Chapter Sections

Agreement

WHEREAS: The practicing Canada Lands Surveyors in the Yukon and the Yukon Regional Office of the Surveyor General Branch have identified a need to clarify the requirements for preparation of compiled plans of consolidations of two or more existing surveyed parcels of titled land; and

WHEREAS: The 2003 compiled plan guidelines (attached in appendix A), which are designed for preparing official plans under the Canada Lands Surveys Act, do not adequately address the needs for preparation of consolidation plans of Yukon titled parcels. Consolidations are typically required for administrative purposes to reduce tax assessments or acquire a building permit that straddles or is too close to an interior boundary. In the majority of these cases, landowners primarily want an inexpensive plan to do this, and are not concerned about the location of their boundaries on the ground; and

WHEREAS: The 2003 compiled plan guidelines specify that monuments should exist at the lots corners. It has been standard practice in the Yukon, however, to prepare a plan of consolidation without knowing if the monuments existed at the corners; and

WHEREAS: Many requests for consolidations occur in townsites, where it is known that many of the original wood or iron posts are lost. The General Instructions for Surveys, e-Edition and 2003 compiled plan guidelines require monuments to be shown on the plan. This makes it difficult for the surveyor to show the original lost monuments on the plan because it is misleading. In theses cases, it has been standard practice to not show monuments on consolidation plans. Although many of the interior posts may be lost, the integrity of the survey fabric has been preserved in many townsites through framework reposting surveys which monumented block corners; and

WHEREAS: The Surveyor General and the Registrar have the authority to set standards for preparation of plans of parcels under the Land Titles Act and the Land Titles Plans Regulations. Neither the Act nor the Regulations specifically require plans to show monuments.

THEREFORE: Plans of consolidations of titled parcels shall be prepared in accordance with the Land Titles Act, the Land Titles Plans Regulations, the General Instructions for the Survey of Canada Lands, e-Edition, and the following instructions. The following instructions shall have precedence over the e-Edition in situations where there are differences between the two instructions.

  1. Specific survey instructions are not required to authorize the preparation of a consolidation plan, but the surveyor must obtain lot designations from the Regional Office.
  2. The title of the plan shall be in the following form "Plan of Lot... Being a Consolidation of Lots..."
  3. Information on the consolidation plan should be obtained from the field notes or plans of surveys that the certificates of titles are based upon.
  4. Monuments should not be shown on the plan if no field work was performed to verify the location and condition of the monuments. A statement explicitly stating that the plan is prepared without a current survey should be displayed in the Legend or Title Block area. An example is: The boundary information on this plan has been prepared from the plans of record as noted and no new field work was performed to verify measurements or potential boundary encroachments. If monuments are shown without being verified an example statement is: The boundary information on this plan has been prepared from the plans of record as noted and no new field work was performed to verify monuments, measurements or potential boundary encroachments
  5. Any conversion of distances or rotations of bearings applied in the preparation:
    1. must be explicitly stated in the legend of the plan;
    2. distances must be converted to metres and bearings related to a common reference meridian;
    3. must be dealt with in the report with explanations on items such as how angular relationships were maintained; amount of rotation of bearings or amount of convergence of meridians applied to achieve the common reference meridian; etc..
  6. Show in a statement or tabular form, in the title block/legend area of the plan the information that is used to prepare the plan including: name of surveyor; type of commission; years of survey; and the C.L.S.R. and L.T.O. record numbers in a manner similar to: This plan is prepared using Plan of Survey number 56789 C.L.S.R., 43221 L.T.O executed by R. Penteur, DLS in 1945, and Plan of Survey number 68731 CLSR, 63251 L.T.O. executed by Doug Deep, CLS, in 1979.
Title block area
Representing Name Signature Date
Registrar, Yukon Land Title Office Denise Dollin signed March, 2007
Surveyor general, Surveyor General Branch Peter Sullivan signed January, 2007


Appendix A - 2003 compiled plan guidelines

GUIDELINES FOR COMPILATION OF OFFICIAL SURVEY PLANS

Prepared by ACLS Joint Standards Committee and Legal Surveys Division, NRCan

Compiled Plan - "An official plan made under the direction of the Surveyor General from official field notes of one or more surveys." From glossary of MOISCL

"In certain situations, official plans may be compiled from existing survey information shown on field notes recorded in the CLSR; these plans may only be prepared under specific survey instructions." From Chapter D-1, Para. 91 of MOISCL

GENERAL

  1. A compiled plan is prepared by assembling survey information from one or more existing sources such as: official field notes; plans and/or field notes of record in provincial systems; and from new field notes.
  2. Compiled plans may be prepared for various purposes including; Consolidation of two or more existing parcels into one; Consolidation of several surveys over a large area into one plan; Elimination of lot remainders by incorporating them into the "area dealt with" when surveying out smaller parcels from larger ones and other similar uses.
  3. Specific survey instructions are required for any compiled plan prepared by a surveyor.
  4. Before issuing instructions for preparation of compiled plans, the need for adequate boundary definition on the ground must be considered. It is desirable that:
    1. the integrity of the survey framework encompassing the boundaries of the parcels dealt with by the compiled plan is maintained;
    2. the current occupation as well as any planned construction of buildings or other improvements of the lands be considered by the surveyor and his/her client;
    3. a compiled plan not be prepared if encroachments are probable;

      OR

      before compilation, clients and/or others having vested interests are made fully aware that encroachments are probable.
    4. Natural boundaries be surveyed if there have been recognizable changes since the previous survey.

PROCEDURES

  1. Information on the compiled plan should be obtained from the most recent official plans and/or field notes of survey. Documents of record in provincial land titles or land registry offices may also be used if copies are recorded in the C.L.S.R. No boundaries can be created on a compiled plan by computing the bearing and/or distance between two points. The bearing and distance between the two points must have been measured or calculated previously.
  2. Any compiled boundaries that are to be confirmed under the CLS Act or approved under Territorial Land Titles Acts must have been monumented to CLS standards or have been previously confirmed (or approved) boundaries under those Acts. Compilation of new boundaries from recorded field notes can only be from of direct measurements between existing monuments (No calculating boundaries from field note information).
  3. Any conversion of distances or rotations of bearings applied in the compilation:
    1. must be explicitly stated in the legend of the plan;
    2. distances must be converted to a common unit and bearings related to a common reference meridian;
    3. must be dealt with in the report with explanations on items such as how angular relationships were maintained; amount of rotation of bearings or amount of convergence of meridians applied to achieve the common reference meridian; etc..
  4. Bearings and distances used must provide a closure meeting the specification of Chapter D-1, Para.65 of the 3rd edition of the Manual of Instructions for Surveys of Canada Lands.

PLAN PREPARATION

  1. In all respects the plan must comply with the general instructions for the preparation of official plans in Chapter D-1, and be suitable for confirmation or approval by the Surveyor General for Canada Lands.
  2. The inclusion of a statement explicitly stating that the plan is compiled and not a current survey should be boldly displayed in the Legend or Title Block area. Examples of such statements are...
    For a Fully compiled plan: THE BOUNDARY INFORMATION ON THIS PLAN HAS BEEN COMPILED FROM FIELD NOTES OF RECORD AS NOTED AND NO NEW FIELD WORK WAS PERFORMED TO VERIFY MONUMENTS, MEASUREMENTS OR POTENTIAL BOUNDARY ENCROACHMENTS.

    For a Partially compiled plan: THE INFORMATION SHOWN ON THIS PLAN AS COPIED HAS BEEN COMPILED FROM FIELD NOTES OF RECORD AS NOTED AND NO NEW FIELD WORK WAS PERFORMED TO VERIFY MONUMENTS, MEASUREMENTS OR POTENTIAL BOUNDARY ENCROACHMENTS, UNLESS OTHERWISE SHOWN.
  3. Show in tabular form, in the title block/legend area of the plan the compilation information including: name of surveyor; type of commission; years of survey; field notes type; and C.L.S.R. record number (and other registry number if applicable) used for the preparation of the compiled plan in a manner similar to:
    - R.Penteur, DLS in 1945, Plan and Field Notes, 56789 C.L.S.R., 4321 L.T.O.
    - Doug Deep, DLS in 1955, Field Notes of Survey, 67890 C.L.S.R.
    - Will Testify, DLS in 1965, Plan and Field Notes, 78901 C.L.S.R.
    - N. Croachment, CLS in 1975, FB 34567 C.L.S.R.
  4. Plan must differentiate what has been copied or not and such information be prominently displayed on the plan body and/or legend-title block area.
  5. Field note information pertaining to improvements to the lands, such as buildings, etc. is not to be copied unless it was measured by the surveyor certifying the plan.

RETURNS

  1. The same returns as required for official surveys.