A GUIDE TO WRITING LEGAL DESCRIPTIONS FOR ADMINISTRATIVE BOUNDARIES Published by Crown Land Registry Services Ministry of Environment, Lands and Parks 1997
TABLE OF CONTENTS I. INTRODUCTION................................................................................. 1
A. Establishing Intent ................................................................................... 1 B. Collecting Resources .............................................................................. 1 1. Mapping ............................................................................................ 2 a) Cadastral .................................................................................... 2 b) Topographic ............................................................................... 2 c) Planimetric .................................................................................. 2 2. Survey Information............................................................................ 2 a) Crown Provincial Parcels............................................................ 3 b) Private Parcels ........................................................................... 3 c) Federal Parcels .......................................................................... 3 d) Control Survey Monuments ........................................................ 3 e) Unregistered Roads.................................................................... 3 f) Unsurveyed Mineral Tenure Records ........................................ 4 3. Status................................................................................................ 4
II. PLANNING AND PREPARATION STAGE ......................................... 1
III. WRITING STAGE ............................................................................... 4
A. Common Terms ...................................................................................... 4 B. Descriptions Based on Surveyed Parcels ............................................... 5 1. Land Act Parcels............................................................................... 5 2. Land Title Act Parcels ....................................................................... 6 3. Other Parcels .................................................................................... 6 C. Metes and Bounds Descriptions ............................................................. 8 1. Choice of Direction ........................................................................... 8 2. Preamble .......................................................................................... 9 3. Point of Commencement .................................................................. 9 4. Artificial Courses ............................................................................. 10 a) Bearings and Distances............................................................ 10 b) Straight Lines Between Fixed Points ........................................ 10 c) Surveyed Boundaries ............................................................... 11 d) Latitudes and Longitudes ......................................................... 12 e) UTM Coordinates ..................................................................... 12 5. Natural Courses .............................................................................. 13 a) Heights of Land ........................................................................ 13 b) Natural Boundaries ................................................................... 13 c) Middle Lines of Water Courses ................................................ 14 6. Areas .............................................................................................. 15 D. Exceptions ............................................................................................ 15
IV. REVIEW STAGE............................................................................... 16 V. APPENDIX
A. Appendix 1 - Deer Lake Park (Sample Description) ............................. 18
A GUIDE TO WRITING LEGAL DESCRIPTIONS FOR ADMINISTRATIVE BOUNDARIES
I.
INTRODUCTION Legal descriptions are used to describe land and water areas for protected area designations, licences of occupation and other administrative purposes. These areas can be described by reference to surveyed parcels, by a metes and bounds description, or by a combination of these two methods. This guide is intended to be a “how to” manual on writing legal descriptions. It follows the process from the planning and preparation stage through to the review stage. Wherever possible, examples have been used to show correct and incorrect ways of writing legal descriptions.
II.
PLANNING AND PREPARATION STAGE As with all writing exercises, planning and preparation is the most important stage of writing legal descriptions. In our experience, at least as much time is spent on planning and preparation as is actually spent writing a description. A. Establishing Intent Before writing any legal description, it is essential that the writer have a clear understanding of the requester’s intent, both as to the extent of the area being described and as to the reasons for the description. The requester should provide either a map or a written explanation of where the intended boundaries are to go. B. Collecting Resources Prior to writing a legal description the writer must collect all of the appropriate records. This may include mapping, survey information and any tenured interests or “a status” of the area being described.
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1.
Mapping Depending on the area to be described and its location, cadastral, topographic and/or planimetric mapping may be required. These may be available in a variety of scales, but generally the largest scale available should be used. a) Cadastral Cadastral mapping shows the surveyed boundaries of parcels of land and rights of way. For most legal descriptions, the best cadastral maps available are the reference maps obtainable from either Crown Land Registry Services or the appropriate Environment and Lands Regions Division office. b) Topographic Topographic mapping shows topographic features and contours of land. These maps can be obtained from agents of Maps BC of the Ministry of Environment, Lands and Parks. c) Planimetric Planimetric mapping shows cadastral information over urbanized areas. These maps can be obtained from the appropriate regional districts or municipalities.
2.
Survey Information When writing descriptions for licences of occupation or protected area designations, all survey information within the area being described needs to be acquired. When writing descriptions for administrative purposes, only the survey information along the boundaries being described needs to be acquired. The following lists some types of survey information available and their sources:
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a)
Crown Provincial Parcels Survey information for Crown land parcels and rights of way over Crown land is available from Crown Land Registry Services of the Ministry of Environment, Lands and Parks. Information available includes official plans and field notes pursuant to the Land Act, Mineral Tenure Act plans and Petroleum and Natural Gas Act plans.
b) Private Parcels Survey plans of private parcels and rights of way over private parcels are available from the appropriate Land Title Office. c) Federal Parcels Records of surveys over federal lands are available from the Legal Survey Division of Natural Resources Canada. These include surveys of Indian reserves, federal harbours and national parks. Original surveys of Indian Reserves are also available from Crown Land Registry Services. d) Control Survey Monuments Numerous control survey monuments have been set throughout the province. Information on these monuments is available from Geographic Data BC of the Ministry of Environment, Lands and Parks. e) Unregistered Roads Surveys of highways, public roads and forest service roads that have not been registered in the Land Title Office or in Crown Land Registry Services may be available from the appropriate district office of the Ministry of Transportation and Highways or the Ministry of Forests. f) Unsurveyed Mineral Tenure Records
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A Guide to Writing Legal Descriptions for Administrative Boundaries
Mineral Tenure Act records for unsurveyed mineral titles are available from the Mineral Titles Branch of the Ministry of Employment and Investment. 3. Status It is the responsibility of the requester to provide a status for all legal descriptions for tenured or protected area designations. III. WRITING STAGE A. Common Terms “more or less” - Approximately. This phrase is intended to cover slight or unimportant inaccuracies. “grid system” - A grid system consists of two sets of parallel sets of straight lines intersecting at right angles and forming a series of squares from which linear values can be derived. The most common grid system is based on the Universal Transverse Mercator (UTM) projection. “natural boundary” - The visible high water mark of any lake, river, stream or other body of water where the presence and action of water are so common and usual and so long continued in all ordinary years, as to mark on the soil of the bed of the body of water a character distinct from that of is banks, in vegetation, as well as in the nature of the soil itself. (Section 1, Land Act, R.S.B.C. 1996) “point of commencement” - The starting and finishing point of a metes and bounds description. “said” - Before mentioned. “save and except thereout” - This term both excludes an area from a description and protects the vested rights of persons holding an interest in the area.
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“thence” - Implies that the following course is continuous with the one before it. B. Descriptions Based on Surveyed Parcels Descriptions based on surveyed parcels are those in which the parcel types have been established by survey plans pursuant to the Land Act, Land Title Act or other legislation. 1. Land Act Parcels Land which has never been surveyed is referred to as unsurveyed Crown land. When parcels are first surveyed, pursuant to the Land Act, they receive a district lot, section or a section of a township designation. Examples: 1. District Lot 1234, Cariboo District. 2. Section 2, Township 82, Range 17, west of the 6th meridian, Peace River District. District lots and sections may be divided into parts by description if quarter posts have been set. In most cases, these divisions are into aliquot parts or equal fractions of the whole, such as halves or quarters, etc. Examples: 1. North 1/2 of Section 1, Victoria District. 2. Southwest 1/4 of District Lot 22, Sayward District.
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When a district lot or section is subdivided into an unequal part, it is usually given a block designation. Example: Block A of District Lot 1234, Cariboo District. 2. Land Title Act Parcels Whenever a portion or entire district lot, section or block of a titled parcel is redefined or subdivided, a plan representing this redefinition or subdivision is deposited in the appropriate Land Title Office. The description of a parcel based on a plan on deposit, should include a parcel designation, plan number and the Land Act designation that is being redefined or subdivided. Examples: 1. Lot A of Section 1, Victoria District, Plan 1357. 2. Lot 2 of Section 2, Township 82, Range 17, west of the 6th meridian, Peace River District, Plan PGP76543. Other examples of Land Title Act parcels include designated roads, railways and other rights of way. Examples: 1. That part of Trans Canada Highway No. 1 shown on Plan LMP56789, Group 1, New Westminster District. 2. District Lot 1234, Cariboo District, being Canadian Pacific Railway Plan 4321. 3. That part of Trans Mountain pipeline right of way shown on Plan 23456. 3. Other Parcels There are a number of other parcels created pursuant to legislation other than the Land Act and Land Title Act that can be used in descriptions.
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Federal survey records defining native lands, federal harbours and national parks are acceptable for use. When identifying an Indian reserve, both the name and the identifying number must be referenced, as the numbers are not unique. Example: "Lohbiee" Indian Reserve No. 3, Cariboo District. For some purposes, it is acceptable to refer to road survey drawings or forest service roads that have not had plans registered in the Land Title Office or Crown Land Registry Services to describe a parcel of land. Their use should include reference to an identifying drawing or file number and the name of the agency from which the reference is obtainable. Examples: 1. Winding Road as shown on Drawing C2345 on record with the Thompson District Office of the Ministry of Transportation and Highways. 2. Goat Ridge Forest Service Road, as shown on File 942-5432-01 on record with the Ministry of Forests in Victoria. It is not acceptable to use surveys of special timber licences (STLs) to define parcels of land. These surveys were a requirement under the Forest Act, and as such, were not surveyed to adequate standards. Where no forest tenure is found to exist, these surveys may be cancelled. Mineral Tenure Act plans (mineral titles) and Petroleum and Natural Gas Act plans (well sites) may also be used in descriptions. Examples: 1. District Lot 12345, being ABC and DEF Mineral Claims, Cariboo District. 2. Well Site Plan 94-P-16-L-99-c on deposit with the Surveyor General.
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Unsurveyed Mineral Tenure Act records should be referenced by the title name, title number, and the name of the agency from which the reference is obtainable. Example: XYZ Mineral Claim, beingTenure No. 54321, on file with the Mineral Titles Branch of the Ministry of Employment and Investment. These titles should not be used to define any part of the boundaries of a metes and bounds description, as their position as shown on mineral tenure maps is often not a valid representation of their actual position on the ground. C. Metes and Bounds Descriptions A metes and bounds description is one which describes the boundaries of the area being defined. It consists of a series of courses defined by bearings and distances, surveyed boundaries, latitude and longitudes, heights of land and/or natural boundaries. The courses should be clearly defined without the possibility of ambiguity. 1. Choice of Direction It is often easier to write metes and bounds descriptions favouring one direction over another. It is therefore worth determining whether it is preferable to write the description in a clockwise or anti-clockwise direction. Where a proposed boundary is coincident with a previously described boundary, it will be necessary to obtain a copy of that description. Unless the existing description is weak or defective, the same direction and the same wording used to described the coincident boundary should be used in the new description.
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2.
Preamble The preamble defines what area is being included in the description and often the land district that the area is located in. Example: All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Cariboo District, and lying within the following described boundaries:
3.
Point of Commencement The choice of the point of commencement for a metes and bounds description is very important. Wherever possible, it should be a surveyed point or prominent topographical feature easily identifiable both on the ground and on the source mapping. Examples: 1. Commencing at the northwest corner of District Lot 2345, Cariboo District; 2. Commencing at the summit of Antler Mountain; All metes and bounds descriptions end at the point of commencement and this should be referenced in the description. Example: ...to the northwest corner of District Lot 2345, being the point of commencement. It is a good idea to identify the point of commencement as the “P. of C.” on the source mapping and any key maps that may be used in conjunction with the area to be described.
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4.
Artificial Courses a) Bearings and Distances Bearings can be either astronomic or grid bearings. Full circle bearings must be used to define directions to points in the descriptions. The use of quadrantal and magnetic bearings is not acceptable. Example: thence on a bearing of 123º... When using cardinal directions (i.e. North, South, East and West) the directions should be capitalized and prefixed by the word “due” to show that the directions are astronomic. Example: thence due West... Distances should be expressed in metres with any distance of 1000 metres or more expressed in the equivalent kilometre value. Decimal places should not be taken to extremes as this gives the impression that the distance is exact and has been surveyed. b) Straight Lines Between Fixed Points When defining a course to a fixed point, such as a district lot corner, control monument or a summit of a mountain, the course should be defined by stating its direction and indicating that it is a straight line. Examples: 1. thence northeasterly in a straight line to the southwest corner of District Lot 1234; 2. thence southerly in a straight line to the summit of Antler Mountain;
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Bearings and distances should not be used when describing a course between fixed points. If a distance is required to help locate the fixed point then “more or less” should be added to indicate the distance is only approximate and that the actual positions of the points on the ground govern. Example: thence westerly in a straight line 5.2 kilometres, more or less, to the summit of Antler Mountain; c) Surveyed Boundaries When a description follows a surveyed boundary, only the direction and a description of the boundary should be used. Examples: 1. thence easterly along the southerly boundary of District Lot 1234... 2. thence northerly along the westerly boundary of Yellowhead Highway No. 16, Plan PGP87654... When a legal description follows a surveyed boundary, it is important that a relative point on the next course be established prior to starting this course. Example: thence easterly along the northerly boundary of District Lot 121 to the southwest corner of District Lot 123; thence northerly along the westerly boundary of District Lot 123... Not thence easterly along the northerly boundary of District Lot 121 to the northeast corner thereof; thence northerly along the westerly boundary of District Lot 123...
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d) Latitudes and Longitudes Parallels of latitudes and meridians of longitude can be used to define large tracts of land. If these lines have been surveyed, then an appropriate reference should be made. Examples: 1. thence northerly along the 123rd meridian of west longitude ... 2. thence westerly along the surveyed 55th parallel of north latitude to its intersection with the 125th meridian of west longitude; 3. thence easterly along a series of 1 kilometre chords of the 51st parallel of north latitude... The difficulty with geographic coordinates such as latitudes and longitudes is that the dimensions are expressed in angular coordinates. The geographic reference mesh varies in size and shape from the equator to the poles, making the coordinates awkward and time consuming to use. e) UTM Coordinates The most common grid system is based on the Universal Transverse Mercator (UTM) projection. For administrative boundary descriptions it is preferred that UTM coordinates based on North American Datum established in 1983 (NAD 83) be used. Reference must also be made to the UTM zone being used. Example: thence westerly in a straight line to NAD 83 UTM Zone 10 coordinates being Northing 6380445.782 and Easting 665946.235.
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5.
Natural Courses a) Heights of Land Heights of land are generally described as watershed boundaries. These may include ridge lines, heights of mountain ranges or other heights of land between water courses. Examples: 1. thence southeasterly along the southwesterly boundary of the watershed of Doe River ... 2. thence northerly along the height of land of Moose Range... When the height of land meanders, but the overall course is in one direction, the word “general” should be added to the description. Example: thence in a general northwesterly direction along the northeasterly boundary of the watershed of Elk River; Contours and isobaths should never be used to define boundaries, as they are difficult to establish on the ground and expensive to survey. b) Natural Boundaries A natural boundary, as defined in the common terms, is the visible high water mark of any lake, river, stream or other body of water including tidal waters. When a description follows the natural boundary of a creek or river, the description should be described as following either the right or left natural boundary. The right or left natural boundary is determined as one views the creek or river looking downstream.
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Examples: 1. thence westerly along the right natural boundary of Fawn Creek to... 2. thence southwesterly along the left natural boundary of Doe River to... When writing descriptions in urban areas it is important to remember that small creeks are often absorbed into municipal drainage systems and, therefore, their use should not be encouraged. When describing natural boundaries of other water bodies such as lakes, bays, inlets and channels the natural boundary should be defined by its direction. Examples: 1. thence northerly along the easterly natural boundary of Deer Lake to... 2. thence northeasterly along the northwesterly natural boundary of Elk Inlet to... When describing a line that is parallel to a natural boundary reference should be made to the perpendicular distance from the natural boundary. Example: thence due West to a point 100 metres perpendicularly distant from the easterly natural boundary of Deer Lake; thence northerly along a line parallel to and 100 metres perpendicularly distant from the easterly natural boundary of Deer Lake... c) Middle Lines of Water Courses There are occasions when it is necessary to describe a boundary down the middle of a water body. In such a description, it is important to refer to the middle line rather than the centerline of the body of water.
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When describing the middle line of a watercourse, it is possible to extend the middle line by using the terms “produced to” and/or “prolongation of” in the description. Care should be taken when producing a middle line for which the direction of the line cannot easily be determined, such as with a meandering creek or river. Examples: 1. thence southwesterly along the middle line of Doe River produced to the middle line of Deer Lake; 2. thence in a general southerly direction along the middle line of Buck Channel to the easterly prolongation of the middle line of Elk Inlet; thence westerly to and along the middle line of Elk Inlet produced to the middle line of Caribou Strait; 6. Areas Areas of land described should be expressed in hectares and shown as “more or less”. Example: ...containing 3.5 hectares, more or less D. Exceptions Exceptions are negative descriptions in which a part or parts of the described area is removed from the description. Examples: 1. save and except thereout Lot 1 of District Lot 2468, Plan 43210. 2. save and except thereout “Yippee 2” Mineral Claim (Tenure No. 567890) and “Lohbiee” Indian Reserve No. 3, Cariboo District.
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The term “remainder” is not explicit enough for descriptive purposes. When describing remainders it is preferable to deal with these as exceptions. Example: Parcel A of District Lot 8765, Plan 3210, save and except thereout Plans 4444 and 33333. Not Remainder of Parcel A of District Lot 8765, Plan 3210. Private parcels within descriptions of protected areas should be dealt with as exceptions. Rights of way which place encumbrances over the described area such as telephone, hydro and pipeline rights of way are not normally excepted from descriptions. IV. REVIEW STAGE Most legal descriptions become embedded in legislation, orders in council or legal documents, each of which can be time consuming and expensive to amend. Therefore, it is essential that an independent party review each draft legal description to ensure its accuracy and clarity. The independent person reviewing the legal description should be given a package containing all of the maps, plans and status information collected during the writing stage. This package will assist the person doing the review and expedite the review process. Once the description has been reviewed by an independent party, the description should be forwarded to the requester for a final review to ensure that the description has met the requester’s intent and is acceptable.
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APPENDIX ON FOLLOWING PAGE
V. APPENDIX
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DEER LAKE PARK (Sample Description)
All those parcels or tracts of Crown land, together with all that foreshore and land covered by water, situated in Cariboo District, and lying within the following described boundaries: Commencing at the northwest corner of District Lot 123, being a point on the easterly natural boundary of Deer Lake; thence easterly and southerly along the northerly and easterly boundaries of District Lot 123 to the northerly boundary of Elk Highway Plan 9876; thence easterly along the northerly boundary of Elk Highway Plan 9876, to the capped iron post marked 55; thence northeasterly in a straight line to Triangulation Station “Buck”, being a brass bolt marked 92H1234; thence northwesterly in a straight line to the summit of Antler Mountain; thence on a bearing of 275 a distance of 200 metres; thence on a bearing of 210 to the northeasterly boundary of the watershed of Fawn Creek; thence northwesterly along the northeasterly boundary of the watershed of Fawn Creek to a point lying due East of the intersection between the right natural boundary of Fawn Creek and the left natural boundary of Doe River; thence due West to the middle line of Doe River; thence southwesterly along the middle line of Doe River produced to the middle line of Deer Lake; thence southerly along the middle line of Deer Lake to a point lying due West of the most westerly point of Stag Point; thence due East to the most westerly point of Stag Point, being a point on the easterly natural boundary of Deer Lake; thence in general southeasterly and southerly directions along the easterly natural boundary of Deer Lake to the northwest corner of District Lot 123, being the point of commencement; save and except thereout “Yippee 2” Mineral Claim (Record No. 567890) and “Fawn Creek” Indian Reserve No. 3. The whole containing 607 hectares (458 hectares upland and 149 hectares foreshore).
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