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One is on paper, a survey plan and the other is physically on the ground.
A survey plan establishes the area of the property.
It is typically performed at the time an area is zoned for a specific use and divided into sections.
Survey plans are kept on file with the Land Registry Office in the city or municipality with which it is associated
The survey plan is a drawing, which shows the property lines. They are dimensioned and in some cases the locations of the corner markers are indicated. Any existing structures, such as buildings, fences, etc. are drawn and dimensioned to the lot lines. Landmarks such as ponds, creeks, etc. are also included as are any adjacent roads or streets. The official lot number is documented on the plan.
On the ground, stakes mark the corner points. If the area has an unusual shape, additional markers are used to define the perimeter.
In new developments they are easily found. Newly positioned, they are a long metal post with a foot or two visible above ground. They may even be identified by a bright paint color.
In established areas, they are harder to find. If a survey took place twenty, thirty or more years ago, wood stakes may have been used.
Over time they may have shifted, gotten buried within the ground or disintegrated. Even metal markers may accidentally shift during the time of construction.
It is illegal to intentionally move or remove a survey marker.
Fines are issued for tampering with legally placed survey posts.
Only a licensed land surveyor is qualified to calculate and place the ground stake markers.
Only a licensed land surveyor is qualified to produce a survey plan.
A survey plan is a legal document only if it is dated and signed by the surveyor.
The exact location of the property lines is important for many reasons.
In commercial projects the land is always measured and marked before work begins. This ensures all structures are built on the piece of land owned by the developer and only that land. All construction must comply with boundary line set back regulations.
For residential or land transactions, a survey plan is just as important as the deed of ownership. Comparing the plan with the actual physical land layout quickly identifies anything that is amiss. It may mean finding that a component no longer exists or a new one has been added. It may mean discovering a structure is partially over the boundary lines. If is found to be completely over then it is not part of the transaction as perhaps originally intended.
An official plan and ground markers prevent any future claims or building issues.
It is the best means of avoiding disputes with neighbors when proceeding with additions or improvements.
In many cases a survey plan is required to obtain a building permit.
Local by-laws stipulate the minimum set back distance from the property lines for any new construction work. New construction refers to new fences, pools, garages as well as new homes or other improvements. The by-laws also regulate height allowances as well as the minimum distance required between buildings. Check with the local building department for local regulations.
If the markers are not easily located a licensed land surveyor can find them or position new ones. The location is calculated based on the existing survey plan.
In the odd case, for whatever reason, there may not be an existing plan or a calculation was never conducted. It is essential for a licensed land surveyor to establish the parameters.
They are hired by the local governing authority or by the owner, depending on who has claim to the land. Boundaries must be established before any sale or purchase takes place. If an owner does not define his or her land claim, it can result in all types of legal issues.
Homeowners often face by-law restrictions when planning improvements. Perhaps an addition to an existing home is slightly too close to another building such as an existing garage. Submitting an appeal to the local authorities may allow exceptions. It must be within reason and the adjacent neighbors must agree.
A landowner wishing to sub-divide a parcel of land has to deal with the local zoning and size regulations. Each situation is different and sometimes submitting an appeal can result in amendments. Again it must be within reason and adjacent landowners may have to agree as it can affect the value of their land.
An appeal to change a zoning or by-law for any parcel of land is made to the local governing department.
Application forms such as ‘zoning by-law amendment’ or ‘official plan amendment’ are fill in by the owner and submitted to the local Planning and Development Department.
Cities and many municipalities also have a Committee of Adjustments division to specifically handle these issues.
Property Lines to Building Permits