Despite GPS technology making surveys extremely accurate, to establish a boundary surveyors search out old boundary markers.
A neighbour of mine mentioned one April morning he was having a survey of the old homestead done. Like most family acreages a survey hadn’t been done in over 100 years. Next time I ran into him I asked how the survey had gone. “Oh, that was an education,” he growled. It turned out the correct boundaries were way off from where his family had believed.
The vague notion of boundaries which too many rural folks possess is a mess of problems waiting to happen but these problems can also be easily solved with a land survey.
Any question of land ownership starts with a deed. This document will state who owns the property with an explanation of the outline of the boundaries. If the deed isn’t in the bureau by the bed you can obtain one quite easily. Check the last tax bill you received for the property identification number. Every piece of ground no matter the dimensions has an identity number for the Province or Territory to record who owns it. With this number you can obtain a copy of the deed at the nearest Lands Registry Office. Records in these offices will go back to the first Crown surveys and list all the times the property was sold or subdivided.
Old deeds play a valuable role in performing any land survey and part of every surveyor’s job is hunting up the oldest survey available. Why? Any information about pre-existing surveys is key to establishing correct lines of division. Surveyors look for evidence of original boundaries both in documents and on the actual property when preparing a survey. Along with this hard evidence oral history is also useful.
A surveyor was having problems working on a parcel of land and couldn’t find the correct line that worked with the neighbours’ land deed. Gathering adjacent property information often will solve a mystery but in this case the surveyor was getting nowhere. Finally a conversation with a local historian revealed a barn had once stood on the edge of the property in the late 1800’s. Taking a chance the surveyor broke out the shovel and after digging down over a meter he found a stone foundation that cleared up the problem.
A lawyer or professional land surveyor can help with this search and yes, you need both for
In a perfect world property would be divided into equal identical sections but sadly it ain’t so—at least not outside of the Prairies.
any land dealings in today’s world. Deeds are tricky things and it’s wise to have all documents explained by a professional with land transaction experience. Underground utility lines and Provincial Crown Roads run all over the countryside and many times a new land owner won’t even know about them. Another confusing point in many deeds is the amount of land being stated as so many acres more or less. So, do you have more property than the amount on the deed? Chances are yes, many times original Crown surveys added a number of extra acres to the stated amount mostly in case the Government needed to put in a road at some point. More than one land owner is surprised to find out that 100 acre parcel is more or sadly, sometimes much less.
Land deeds speak in terms of ‘compass degrees, save and except, easements and right-of-way’ which to the layman can be baffling to interpret. An original Crown survey deed will speak in terms of chains, links, leagues, rods and all sorts of medieval sounding language.
In a perfect world property would be divided into equal identical sections but sadly it ain’t so—at least not outside of the Prairies. The first Crown surveys had the countryside neatly spaced, sectioned off and ready for the pioneers. But over time those neat blocks of land changed so that after 150 years property maps look like jigsaw twisted pieces. To make matters worse it only takes a couple of years of crowding to confuse the property lines. In many cases property has been inherited several times and boundary lines become slightly sketchy. Say two farms are separated by a fence and over time the fence deteriorates but hey, no problem they both know where to stop plowing, right? Pretty soon the dead furrow sprouts legs and wonders over a little more. Plowing can be stressful trying to beat the late autumn weather. Sometimes a row of trees serves as the line but after a generation or two it gets cut down for fire wood. No one is pointing a finger or slinging blame but these kinds of situations can get all out of hand.
Any professional surveyor can spin out dozens of tales of confusion, conundrums and consternation. An interesting example of detective work concerned a property’s corner marked by ‘a large tree’ which of course was no longer there. Searching data back decades revealed continuous mention of the large tree but no location to go by and the surveyor was at a loss as how to accurately survey the property. Finally on a hunch, he checked out aerial mapping images from the 1940s and found a shadow exactly where the tree was mentioned. With this he was able to plot a starting point and outline the rest of the section.
Before hiring a surveyor thoroughly inspect your acreage for any boundary markers. Late
Surveyors mark corners with a large wooden post and a metal pin driven in at the base. The pin has a plastic cap with the surveyor’s name, number and year for future reference.
autumn before the snow comes is a good time with no leaves or tall grass to obstruct your search. If you are a long-time resident you probably know roughly where the lines run but as we have discovered you might be a wee bit off. Have a copy of the deed, any old land transaction documents or even photos of the property for the surveyor. Walk the property with the surveyor indicating all line markers you know of and mention the neighbours. Speaking of the neighbours, be a good one and let the folks over the fence know what’s going on. No one likes to be surprised by a group of fellows with tripods traipsing through the turnips.
Once the survey is completed you will have an opportunity to examine it before the final OK. If there are discrepancies now’s the time to have them resolved but remember, the surveyor can only work with the information available and despite family folklore sometimes you just have to accept the outcome. Many times a land owner especially one with inherited property that hasn’t been surveyed in decades (or longer) is disappointed to discover the truth. Finally after the survey is completed to your satisfaction send it over to your lawyer and make sure it is recorded promptly! If not on the government’s books a new deed is not worth the paper it’s written on, so make certain it’s registered.
Old deeds play a valuable role in performing any land survey and part of every surveyor’s job is hunting up the oldest survey available.
Few things are more satisfying then pausing in your work and looking out over the spread. But owning land comes with many rights and many responsibilities as well. By having a current survey of the property you can avoid problems and be certain the cows are in the right field. Keep the wire tight and the fences straight!
Of chains and rods
Few terms appear in old deeds as often as
Few terms appear in old deeds as often as the word ‘chain’ which is an actual metal chain 66 English feet long, consisting of 100 links, each 7.92 inches.
the word ‘chain’ which is an actual metal chain 66 English feet long, consisting of 100 links, each 7.92 inches. A chain is equal to 4 rods, each rod being16 ½ English feet. With a chain and compass countless surveys were done right up to the 1900s which is why this term is still in so many deeds. Doing a survey with a chain was tough work over rough ground. After a compass bearing was established, a man walked ahead to an indicated point with a long coloured wooden pole and lined up with the surveyor. The chain was then run out and staked at intervals with long metal pins to keep the line straight. Once all 66 feet were out, the chain was checked for straightness, unhooked back at the start, swung around and the process repeated with a sharp eye on following the compass. Trouble was the metal in a chain stretched or the links worked free and repairs of course, made a difference in the actual measurements. This venerable device although long since replaced by superior tools is a “link”(pardon the pun) to the hard work of those early surveyors.
Say, Is that a marker?
Just about every object from rusty farm machinery to cow skulls has been used as a property line marker.
Just about every object from rusty farm machinery to cow skulls has been used as a property line marker. Early Crown deeds often reference a” large tree”. Trouble is trees get cut down or fall over in a winter gale. On the big prairie sod or field stones were piled up for a marker and a stone monument is usually unmistakeable in shape. Iron bars often mark corners and just about every kind of fence including the classic split rail, page wire or barbed wire run along boundary lines. Streams have played a role in land division and are usually divided down the middle. Roads are used as boundaries but roads are altered or even abandoned. Despite GPS technology making surveys extremely accurate, to establish a boundary surveyors search out old boundary markers. In a modern survey, property lines are marked with orange flagging tape and at regular intervals trees are blazed then sprayed with reflective paint. Surveyors mark corners with a large wooden post and a metal pin driven in at the base. The pin has a plastic cap with the surveyor’s name, number and year for future reference. Never touch any survey marker no matter how old. It is of value to future surveys and might just save you in a dispute.
- Cary Rideout