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TITLE - Boundaries - Determination - By description in deed or Crown grant - Use of documents - Township surveys - Resolving ambiguous legal descriptions

Tuesday, January 02, 2018 @ 8:28 AM  

Appeal by the Weavers from a trial judgment establishing a property boundary line. The appellants and the respondent, Williams, owned adjacent lakeshore lots. A dispute arose regarding placement of a retaining wall. The trial judge found that an existing town survey did not sufficiently establish the boundaries of the parties' lots. The trial judge accepted a prior surveyor's field notes, and criticisms thereof by the respondent's expert witness, as indicative of the true boundary between the lots. The Weavers appealed.

HELD: Appeal dismissed. Although the field...