OBAH 2021

The applicant sought confirmation under the Boundaries Act of the true location of the boundaries of a property known as Rossini Park.

The objector, who owned the abutting water lot to the north, disputed the northerly boundary of the park, arguing it should be the limit depicted on Plan 813 rather than the current water's edge.

The applicant claimed the disputed land was the result of natural accretion.

The tribunal found that fill material had been intentionally and substantially deposited both into the water and onto the dry land between 1931 and 1944, which fixed the boundary position at its last known location prior to the filling event.

The tribunal dismissed the application in part, allowed the objection, and confirmed the northerly limit of the park as retraced by the objector's surveyor.

The applicant sought to confirm the boundary between his property and the objector's property under the Boundaries Act.

The applicant's surveyor relied on the deed distance, while the objector's surveyor relied on an old fence line and garage as evidence of the original boundary.

The Deputy Director of Titles rejected the applicant's survey, applying the hierarchy of evidence to find that the long-standing fence and garage were the best evidence of the original boundary location.

The objection was allowed, and the boundary was confirmed in accordance with the objector's position.

Each party was ordered to bear their own costs.