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SCHEDULE I / ITEM 7 March 2006

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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 March 2006 CADASTRAL STUDIES

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

Q. No Time: 3 hours Value Earned

1 In the context of cadastral surveying, what is a parcel of land? 10

2

Identify the faults in the following parcel description: Starting on the east bank of the Partick River, then south 45 degrees west a distance of 200 metres, then north a distance of 135 metres to a 10” balsam tree blazed with “ZZ”, then east 100 metres more or less to the west bank of the Partick River, then southerly along the bank to the Point of Commencement.

10

3 Discuss the merits of having parcel descriptions refer to a registered survey plan

(such as Lot 1, Plan 060100), as opposed to using a metes & bounds description. 10 4 Why can a cadastral surveyor do a survey of land, but a surveyor cannot do a

cadastral survey of land? 10

5 Explain how Provincial legislation, clients’ needs, and the rules set out by the

provincial land surveying association all govern the work of a land surveyor. 10 6 In resolving boundary uncertainties, how is it that the Quebec Civil Code process

is different than the process used in common law provinces? 10

7 Support or refute the following assertion: That the surveying profession is more

frequently in contact with the Canadian legal system than most other professions. 10 8 Many judgments of the Canadian courts have examined the role of land surveyors

in establishing or re-establishing boundaries. Analyze any one judgment. 10

9

It is a general principle within Provincial land titles legislation that the certificate of title produced by the Province is proof of title to the land that is described.

However, an exception to that principle applies to any portion of land included in the Province’s certificate by wrong description of boundaries or parcels. What is the reason for such an exception?

10

10

How is it that for the same survey action (or inaction) a court might find a land surveyor not liable in negligence, although the provincial land surveying association’s Discipline Committee might find him negligent?

10

Total Marks: 100

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