Water boundaries and accretion or dry bed

The following information relates to recording a water boundary in a CSD where there has been accretion affecting the water boundary or the adjoining water body has dried up.

Where accretion or dry bed is not claimed

When the owner of land with an ambulatory water boundary decides not to claim accretion or title to a dried up water body (even though the margin of the water body has moved since the previous survey), the water boundary can continue to be depicted in its existing recorded position [r 6.7(b)].  The unclaimed dry land will remain part of the adjoining water body for the purposes of the cadastre and title record.

The Diagram of Survey and Diagram of Parcels must:

• Depict the adopted or accepted former water boundary in its existing position as an irregular line at a scale that clearly shows its shape and relationship to other boundaries of the parcel [r 9.6.7(a) and r 10.4.5(a)].
• Show the relationship between the adopted or accepted water boundary and the physical water's edge, or include a statement that the parcel boundary and the water's edge are not coincident [r 9.6.7(b) and r 10.4.5(b)].

The extent of the adjoining hydro parcel will remain unchanged.  Although this hydro parcel is not required to be depicted on the diagrams, its name or description is required [r 9.6.3(h)(iv) and r 10.4.2(f)(iv)].  Examples of a suitable description for a water body that does not have a name include stream, river, and lake.

Refer also to Where current MHWS is seaward of old MHWM because of accretion or avulsion

Where dry bed is claimed

Where a dried bed is being claimed, the bed may either be depicted in conjunction with the adjoining land or as a separate primary parcel.

Requirements where a dry bed is being claimed and is depicted with the adjoining land

Where a claim is being made for a dried up water bed, the area being claimed may be depicted with the adjoining land in a single primary parcel.

The Diagram of Survey and Diagram of Parcels must depict:

• the new primary parcel boundaries as marked right-line boundaries [r 6.5(a)(i) and r 7.1],
• the former water boundary as an estate boundary that passes through the land under survey [r 9.6.3(h)(i) and r 10.4.2(f)(i)] and the estate record references, including that for the dried up water bed (eg dry stream bed), and
• the name of the balance water body parcel abutting the new parcel, or a simple description if no name is available [r 9.6.3(h)(iv) and r 10.4.2(f)(iv)].

The portion of the water bed that is not being claimed will be a balance parcel.  This parcel must be:

• included in the CSD but its extent need not be depicted in full on the diagrams [r 9.6.3(a) and r 10.4.2(a)],
• an abutting parcel.  It must not be given an appellation, but must be named or described [r 9.6.3(h)(iv) and r 10.4.2(f)(iv)].  Examples of a description include stream, river, and lake.
• given the parcel intent hydro.

Requirements where a dry bed is being claimed and is depicted as a separate primary parcel

Where a claim is being made for dried up water bed, the area being claimed may be depicted as a separate primary parcel.

The Diagram of Survey and Diagram of Parcels must depict the bed being claimed as a parcel with:

• all of the parcel boundaries right-lined and marked, unless class C [r 6.7(a)(ii)], and
• an appellation (eg Lot 1) and an area [r 5.5.1 and r 5.3(a)].

The portion of the water body that is not being claimed will be a balance parcel.  This parcel must be:

• included in the CSD, but its extent need not be depicted in full on the diagrams [r 9.6.3(a) and r 10.4.2(a)].
• as an abutting parcel.  It must not be given an appellation, but must be named or described [r 9.6.3(h)(iv) and r 10.4.2(f)(iv)]. Examples of a description include stream, river, and lake.
• given the parcel intent hydro.

Where accretion is claimed

Separate parcel for accretion must not be shown    

Where the land owner plans to claim accretion, the land abutting the water body and the land claimed as accretion must be combined as a single primary parcel.  A successful accretion claim results in the area of accretion being added to the estate record of the adjoining land.

A Diagram of Survey and Diagram of Parcels must depict the:

• water boundary as an irregular line in its new position at a scale that clearly shows its shape and relationship to other boundaries [r 9.6.7(a)(i) and r 10.4.5(a)]. This means the boundary must be shown to scale,
• land being claimed as accretion with the description  accretion [r 9.6.3(h)(ii) and r 10.4.2(f)(ii)] and with a separate area [r 9.6.3(e) and r 10.4.2(d)(iv)]. The total area of the new primary parcel must include the accretion area [r 9.6.3(e) and r 10.4.2(d)(iv)], and
• former water boundary as an estate boundary that passes through the land under survey [r 9.6.3(h)(i) and r 10.4.2(f)(i)]; the annotation accretion is sufficient as the estate record reference for the accretion.

The adjoining water body will be a balance hydro parcel which must be included in the CSD but its extent need not be depicted in full on the diagrams [r 9.6.3(a) and r 10.4.2(a)].  As an abutting parcel it must referenced with its name or description [r 9.6.3(h)(iv) and r 10.4.2(f)(iv)].  Examples of a description of an unnamed water body include stream, river, and lake.