What's a legal survey and what's the difference between a Plan of Survey and Descriptive Plan?
The subdivision approval is valid for one year from the date of the decision. During that time, all the conditions listed in the approval letter must be met and a descriptive plan or plan of survey prepared by an Alberta Land Surveyor must be submitted for endorsement. If the conditions cannot be met prior to the expiry of the approval, the owner may request a time extension.
Ultimately, Alberta Land Titles will determine the method of registration required to register an approved subdivision. Alberta Land Surveyors will also be familiar with these requirements. Basically, there are two ways to register a subdivision; by plan of survey or by descriptive plan. Certain situations will simply require a plan of survey – e.g. the registration of many parcels within a single plan – but often there is the option of selecting one of these two methods. Each method has advantages and disadvantages.
Plan of Survey
A plan of survey is required when a parcel of land is subdivided into several lots or a dedication to the Crown is required. A plan of survey will establish the legal boundaries of the parcels in a subdivision, and survey evidence (posts) are placed in the ground to establish the physical boundaries. In addition, a plan is prepared showing the measurements and dimensions of the existing and new parcel boundaries.
Survey posts are placed at the corners of the lot(s) to identify the boundaries of the new parcel(s). As long as these posts are protected, and not disturbed or destroyed, the boundaries of the parcels can be identified at any time.
The cost of a plan of survey depends on the available survey evidence and size/ complexity of a subdivision. Whenever a parcel has a north-south quarter line, east-west quarter line, or a section line without a road allowance as one of its boundaries, the cost of a plan of survey can be further increased. A plan of survey would be required when a parcel has a watercourse as one of the boundaries.
Typically, the cost of producing a plan of survey is greater than that of a descriptive plan.
Descriptive Plan
Prior to 1988, subdivision was permitted by a metes and bounds description, which uses a combination of words, distances, and bearings to describe a parcel. This often proved to be difficult to follow. In 1988, the Land Titles Act was amended to allow the use of a descriptive plan to subdivide a parcel. While a descriptive plan provides much more certainty than the previously allowed metes and bounds description, it does not provide the same level of certainty as provided by a plan of survey.
An Alberta Land Surveyor can choose to use a descriptive plan for subdivision, depending on some factors which may include, but are not limited to:
- proximity and number of the unsurveyed parcels;
- location of the land to be subdivided; or
- complexity of the boundaries.
Land Titles generally grants the approval of a descriptive plan when:
- the subdivision is the first parcel from a quarter section;
- the new parcel is square or rectangular in shape (ie: a minimum of two right angle corners must be present);
- no land is being dedicated to the Crown such as reserve lands or a road;
- a simple lot line adjustment is needed.
In a descriptive plan, while the parcel(s) is/are illustrated in a plan, the plan itself might be generated without any field or survey data being collected. This is not to say that field data is not used but descriptive plans can and are prepared based on air photos, plotted survey points, planimetric mapping and so forth. As such, while they are more accurate than the previous metes and bounds description method, descriptive plans simply do not provide the same level of accuracy as a plan of survey which is prepared using field data.
The disadvantage of a descriptive plan is that no legal survey posts are placed in the ground to show the location of the legal parcel boundaries. If the new parcel is to be fenced, an additional field survey may be required to confirm the new property boundary. In addition, a field survey or Real Property Report could be required for the sale of a parcel, or to locate a new building in accordance with the setbacks from a property line or pipeline right-of-way.