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SCHEDULE I / ITEM 7 October 2005

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ASSOCIATION OF CANADA LANDS SURVEYORS - BOARD OF EXAMINERS WESTERN CANADIAN BOARD OF EXAMINERS FOR LAND SURVEYORS ATLANTIC PROVINCES BOARD OF EXAMINERS FOR LAND SURVEYORS ________________________________________________________________________

SCHEDULE I / ITEM 7 October 2005 CADASTRAL STUDIES

Note: This examination consists of 10 questions on 1 page Marks

Q. No Time: 3 hours Value Earned

1

To what extent does the surveying profession, more than most other professions,

come into frequent contact with the Canadian legal system? 10

2

Why is a surveyor’s knowledge of survey law more important for re-establishing

boundaries than for establishing boundaries? 10

3 What is a parcel of land?

10

4

Systems of land title registration are often described (rather simply) using the

mirror, curtain, and insurance (or assurance) principles. Describe each principle. 10

5 Is there merit to having a parcel description refer to a plan of survey? Explain.

10

6 To what extent do cadastral surveyors create boundaries? 10

7

The Quebec Civil Code allows for the “resolution of boundary uncertainties through a process different from those in other provinces” (Survey Law in

Canada, s.8.88). How is the process different? 10

8 A certificate of title is proof of title to the land described. Why is it not proof of

title to any land included by wrong description of boundaries or areas? 10

9

Imagine that a surveyor fails to show on her plan an encroachment of overhanging eaves from an adjoining house. How is it that the Discipline Committee of her provincial surveying association might find her negligent, whereas the Court might find her not liable in negligence?

10

10

How is the surveying profession affected by five forces: provincial legislation, judgments of the courts, municipal bylaws, surveying association’s code of

conduct, and clients’ needs? 10

Total Marks: 100

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