OBAH 2022

The applicants applied under the Boundaries Act to confirm the boundary between their property and the objectors' property based on a mathematical calculation of a forty-acre parcel.

The objectors argued the boundary should follow an old wire fence that had been in place since before the original severance in 1950.

The Deputy Director of Titles dismissed the application and allowed the objection, finding that the old wire fence was an original monument accepted by the parties at the time of the severance.

Applying the hierarchy of evidence, the tribunal held that the fence and its projection to the road allowance represented the best available evidence of the boundary, rather than a theoretical mathematical calculation.

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

The dispute centered on the location of 'Point B', with the applicant's surveyor relying on a short standard iron bar (SSIB) planted in 2018, and the objector's surveyor relying on a pipe found in 2016.

Applying the hierarchy of survey evidence, the Deputy Director of Titles found that the SSIB represented the best evidence of the original 'gas pipe' monument established in 1962, as its measurements aligned with historical field notes.

The application was allowed and the boundary proposed by the applicant was confirmed.