The following information relates to determining when a boundary must be defined by survey, defined by adoption or accepted.
To ensure that there are no disputes as to the extent of ownership of interests, it is essential that the boundaries that confine or divide two contiguous estates are defined appropriately.
The Rules specify three types of boundary definition. Boundaries and boundary points must be:
New boundaries must be defined by survey.
Some existing boundaries must be defined by survey while others may be defined by adoption or accepted.
Boundaries defined by adoption must meet the applicable boundary accuracy standards while boundaries that are permitted to be accepted do not have to meet those standards.
The following is one way of determining the appropriate category of definition:
- Identify the boundary points that are permitted to be accepted under rule 6.3 (refer to accepted boundaries).
- For each boundary point that cannot be accepted, identify whether any of the provisions in rule 6.2(a) require the point to be defined by survey. In particular, note sub-clause (iv), which applies to existing boundary points on class A boundaries (refer to boundaries defined by survey).
- Any points that are not permitted to be accepted or are not required to be defined by survey, may be defined by adoption (refer to boundaries defined by adoption).
Any boundary can be defined to a higher category if the surveyor chooses.
A point 'defined by survey' by an earlier survey must not automatically be assigned that same category by a new survey. Each time an existing boundary point is used as part of a new survey, the appropriate category of definition must be reconsidered.