EM2008-02 Certificate of Surveyor - LTCQ to LTPlus

Memo to:

All Land Registrars

From:

Doug Aron
Examiner of Surveys

Contents of the memo:

It has come to my attention that there is some inconsistency with respect to the date being entered in the first part of the Certificate of Surveyor used in the Land Titles Conversion Qualified to Land Titles Absolute (LTCQ to LTplus) Application and the Application for First Registration under the Land Titles Act. The date to be used in the Certificate of Surveyor for both of these applications shall be the date shown next to the Ontario Land Surveyor’s signature in the Surveyor’s Certificate, Form 1, O.Reg. 43/96 under the Registry Act, as shown on the next page. A sample LTCQ to LTplus - Certificate of Surveyor and a sample Form 6 – Certificate of Surveyor are also attached to this memo showing the correct date based on the Example Draft Plan Surveyor’s Certificate shown below. Should you have any questions on this matter, please contact your Regional Surveyor.

Example of Surveyor’s Certificate on Draft Plan Attached to Notice of Application

Surveyor’s Certificate

I certify that:

1. This survey and plan are correct in accordance with the Surveys Act, the Surveyors Act and the Land Titles Act and the regulations made under them.
2. The plan was completed on the 10^th day of January, 2006.

Date signed: [enter the date signed]

Signature:
[enter Surveyor’s name]
Ontario Land Surveyor

Certificate of Surveyor

Land Titles Act

(Application under subsection 46(2) of the Act)
RE: PIN 00258-0123
Notice of Application registered as No. ER654321

IN THE MATTER of an application by Robert Brown to be registered as the owner with an absolute title of the land described in the application.

I, [enter surveyor’s name], an Ontario Land Surveyor, completed the survey for the plan of the subject land, a print of which plan is attached to the notice of application registered as Instrument ER654321, on [enter the date signed] and certify as follows:

1. The survey for the plan is current as of the date of the registration of the Notice of Application and shows only the subject land.
2. At the time of making the survey, I examined the land and I have illustrated with appropriate ties the existence of all apparent interests in the subject land including, but not limited to,
   1. all topographic information,
      1. that forms, controls or marks the position of the boundaries of the subject land, or
      2. which indicates an encroachment from the subject land onto the adjoining lands, or from the adjoining lands to the subject land; including, but not limited to,
         1. where apparent, all registered (and unregistered) utility lines, (overhead and buried) and any other interest affecting the land of the applicant,
         2. all buildings, eaves and other structures, gardens, lawns, ditches, driveways, sidewalks, paths and other improvements located in the vicinity of the boundaries of the subject land, and
         3. all fences in the vicinity of the boundaries of the subject land, identified as to type and showing the age, if known;
      3. all found monumentation, conclicting or otherwise; and
      4. all bodies of water, streams, rivers and water courses, and that the boundaries of those bodies of water, streams, rivers and water courses that form or control the extent of, or an interest in, the subject land have been re-established consistent with the grant from the Crown.
   2. As a result of my examination, I found no evidence that would indicate that any person other than the applicant(s) has any right in any part of the land, except (specify).
   3. [enter name] (and) [enter name] was/were in actual occupation of the land.
   4. All monumentation was in place, and their position marked, on the date of the registration of the Notice of Application.

Dated [enter date]

[enter signature]

[enter Surveyor’s name]
Ontario Land Surveyor

Form 6

Land Titles Act

Certificate of Surveyor

(Application for First Registration)

Re: Application registered as No. [ ]

IN THE MATTER of an application by Robert Brown to be registered (or, where applicable, to have [ ] registered) under the Land Titles Act as the first registered owner(s) of [ ].

I, [enter surveyor’s name], an Ontario Land Surveyor, completed the survey for the plan (a print of which is attached hereto) of the subject land on the [enter the date signed] and  certify as follows:

1. The survey for the plan is current as of the date of this application, and shows only the subject land.
2. I have examined the Crown patent submitted with the application and  the subject land is contained therein.
3. At the time of making the survey, I examined the land and I have illustrated with appropriate ties the existence of all apparent interests in the subject land including, but not limited to,  
   1. all topographic information,
      1. That forms, controls or marks the position of the boundaries of the subject land, or
      2. which indicates an encroachment from the subject land onto the adjoining lands, or from the adjoining lands to the subject land; including, but not limited to,
         1. where apparent, all registered (and unregistered) utility lines, (overheard and buried) and any other interest affecting the land of the applicant,
         2. all buildings, eaves and other structures, gardens, lawns, ditches, driveways, sidewalks, paths and other improvements located in the vicinity of the boundaries of the subject line, and
         3. all fences in the vicinity of the boundaries of the subject land, identified as to type and indicating age, if known;
   2. all found monumentation, conflicting or otherwise;and
   3. all bodies of water, streams, rivers and water courses, and that the boundaries of those bodies of water, streams, rivers and water courses that form or control the extent of, or an interest in, the subject land have been re-established consistent with the grant from the Crown.
4. As a result of my examination, I found no evidence that would indicate that any person other than the applicant(s) has any right in any part of the land, except (specify).
5. [ ] (and) [ ] was/were in actual occupation of the land.
6. All monumentation was in place, and their position marked, on the date of application.

Dated [ ]

Signature and name in print of Ontario Land Surveyor who completed the survey of the plan)

Original signed by:

Doug Aron