The applicant sought to confirm the boundaries of Lot 39, Registered Plan 352 under the Boundaries Act.
The dispute centered on the northeast boundary between Lot 39 and the abutting parcel.
The applicant's surveyor relied on the mathematics of the registered plan, arguing that a found wooden stake was not a sanctioned monument because it was not shown on the plan.
The objectors' surveyors argued that the wooden stake was an original monument set during the original survey prior to the plan's registration.
The Deputy Director of Titles applied the hierarchy of evidence and concluded that the wooden post was an original monument that controlled the boundary location, confirming the boundary as surveyed by the objectors' surveyor.
