From the Practice Advisory Department
Boundary Resolution when Dealing with Descriptions and Explanatory Plans By Peter Goodier, BCLS Sr. Practice Advisory Manager and Gord Gamble, BCLS, CLS
T
he correct interpretation and application of metes and bounds descriptions and explanatory plans can present a challenge when resolving boundaries. This is a complex topic that defies a “one size fits all” solution or explanation. The intent of this article is to discuss the basic principles to be followed for tackling boundary resolutions involving descriptions and explanatory plans. In the following examples, the original explanatory plans are colour documents. If the scan of the explanatory plan with which you are working is a black and white document, it can be worthwhile to request a colour image.
FIGURE 1
18
August 2021 | the LINK
Example 1 Let us begin with a fairly basic and common situation. Suppose we have an amended lot. It has been created by adding exactly 14 feet of the adjacent lot to the west as illustrated in figure 1. In this case, the instrument which has amended the lot is an explanatory plan, and the Legal Description is “Amended Lot 24 (Explanatory Plan 9765) Block 13 District Lot 616 Plan 3804”.