Boundary determination reflects an agreement, proposed by the land surveyor, between two owners concerning the demarcation of their respective land. We speak of amicable demarcation when the neighbours accept the proposal submitted by the land surveyor. If one of the neighbours refuses the conclusion of the land surveyor, the case can then be brought before the courts. We then refer to a demarcation of a boundary by judicial decision. If you require a boundary determination service on the West Island, call on our team of land surveyors!
In Quebec, article 977 of the Civil Code dictates the manner in which land surveyors must go about establishing a boundary. This article reads as follows: “The limits of land are determined by the titles, the cadastral plan and the boundary lines of the land, and by any other useful indication or document, if need be.” The work of the land surveyor therefore consists in drawing up a plan showing all the elements mentioned in this article of the Act and comparing them to each other. In theory, the distance between your fences should match the width of your lot on the cadastral which, in turn, should match the dimensions mentioned on your title deed. In practice, there are often differences. The land surveyor must then measure a larger area in order to find as many elements as possible that match each other. Thereafter, some elements will be rejected, others accepted, all according to the rules established by the courts. Knowledge of the territory coupled with solid experience become important assets for a high-quality expertise.
Boundary determination may be requested to rectify the property line between an owner and their neighbour, in order to establish boundaries or to restore boundaries that have disappeared or have been displaced, or to recognize old boundaries.
Whether it is for a demarcation of a boundary by private agreement or a demarcation of a boundary by judicial decision on the West Island of Montreal as elsewhere, the boundary determination is irrevocable. It definitively settles the boundaries on a piece of land. The land surveyor who will do this work must be chosen jointly by the owners concerned, and the latter share the costs of the services.