Survey questions

Question

Two adjoining owners construct a fence in the vicinity of their original well monumented common boundary, but deliberately cause the fence to deviate from the true line in a few places in order to avoid rock outcrops. Since they both agree and consent that the fence would be a more suitable boundary, they instruct you to survey and monument the fence line and to prepare a plan under the Boundaries Act showing the fence as the true property line.

State, giving your reasons, the advice you would give the owners on how best to establish the new boundary to coincide with the new fence.

Answer 1

In advising the owners, I would suggest the following steps to establish the new boundary along the fence line:

1. Legal Agreement: Both owners should draft and sign a legal agreement stating their mutual consent to establish the fence line as the new boundary. This agreement should be notarized to ensure its validity.

2. Boundary Adjustment Application: Submit an application for a boundary adjustment to the local land registry or relevant authority. This process will formalize the change in the official records.

3. Survey and Monumentation: Conduct a professional survey of the fence line, and place permanent monuments along this new boundary.

4. Update Deeds and Records: Ensure the new boundary is reflected in the property deeds and recorded with the local land registry. This step is crucial to avoid future disputes and to provide a clear legal description.

By following these steps, the new fence line can be legally recognized as the true property boundary, ensuring clarity and preventing potential future conflicts.