This is a minimally modified version of the assignment developed and presented by Mr. Moyse for this course in Fall YEAR 2018 from the collected course material by CLS.
law
Description
This is a minimally modified version of the assignment developed and presented by Mr. Moyse for this course in Fall YEAR 2018 from the collected course material by CLS. In continuing with the concepts and themes presented in this course, it is important to explore the relation between boundary and concepts rooted in title, ownership, spatial extent and retracement. This assignment is divided into two parts: (1) by applying the principles of law mentioned in this course, you are responsible for extracting the process used by the courts in determining what evidence is reliable; and (2) you are asked to review and discuss the situation when a road has been opened outside of the right-of-way in error. The overall objectives of this assignment are as follows:
• To understand the idea of “retracement” with respect to evidence found today and to relate it to the original location of a boundary;
• To convert the narration of evidence in a court case into a graphic depiction of what is described;
• To reflect the court’s thought process into the sketch and rationale for the proposed boundary replacement;
• To determine the impact of changes in older vs current version of the Municipal Act and Surveys Act on original road allowance error; and
• To consider the numerous factors impacting judgement of a corrected survey line for purposes of a road placement
