Cottage neighbours, boundary lines, chainsaws and adverse possession

This Nova Scotia cottage boundary line case started in 2007 when neighbours on one side started cutting down trees to install an access road: "the tranquility of the setting was shattered by the sound of chainsaws".  A surveyor for neighbour D had run a line that purported to represent the boundary with the lands owned by neighbour M, and the trees were being felled by neighbour D on the basis of that survey.  In the end, the Court ruled in favour of the boundary line claimed by neighbour M, putting an end to the sound of the chainsaws.

The M property had been deeded to the M family in 1966 by the D family.  Although three of the four boundaries of the 100 acre M property were certain, one was not.  A complication in setting the fourth boundary line arose because the description of that fourth boundary, the one in question between the M property and the D property, included reference to a property owned by KD.  This was a problem because, in actual fact, KD didn't own any land in that area (although he was known in the community to own it).  Therefore, the boundary of KD's property could not be used to define the uncertain boundary line.

That said, the location of what had been presumed to be the property of KD was to considered in setting the proper location of the line.  The Court noted that one proposed line was not to be accepted because, "it is based on the false premise that the description of the northern boundary of the M lands as the property of KD was meaningless."  That description had meaning, even if it was based on an error.

In the end, the Court accepted the M-proposed line as the correct one on the whole of the evidence.  The Court did not accept that the description of the M property as being 100 acres "more or less" could be used to locate the fourth boundary line, since the sale of the M property was not a "sale by acreage".  The phrase in the deed stating that the land contains 100 acres "more or less" was a "falsa demonstratio" (from the latin legal maxim - falsa demonstratio non nocet cum de corpore constat - "a false demonstrative particular or reference does not prejudice what was clear before"). 

In the alternative, the Ds claimed to have acquired the land in question (including the proposed access road location) through adverse possession.  The Court found that the main evidence in support of this claim was exaggerated, and that there were not acts that were sufficiently "exclusive, continuous and notorious" to supplant the ownership of the M family.

Read the decision at: Webster v. Duncanson.

NEB Landowner "Satisfaction" Research

The National Energy Board (NEB) has released a report of its 2011 Landowner Survey, conducted by Ipsos Reid.  1,200 landowners were surveyed, out of 32,114 identified by records provided by NEB-regulated companies.  In the Key Findings section of the report, Ipsos Reid begins with the following peculiar result: "We find that 71% of landowners mention a company other than the one indicated in the sample records we received, suggesting that many landowners may not know who the correct company is."  For instance, 35% of Kinder Morgan landowners mentioned TransCanada as their company.

4% of respondents said they did not know where the pipeline was located on their property.  22% of respondents do not know whether the limit of their right of way is. 

It does not appear that any questions were asked about pipeline abandonment issues.

Read the report at: NEB Landowner Satisfaction Research October 2011.

National Energy Board surveying pipeline landowners again

The National Energy Board (NEB) is once again conducting a telephone survey of pipeline landowners and tenants to seek their views on "their experiences with companies that operate pipelines which cross their property" and "their experiences with the NEB".  The NEB hopes to compare the 2011 results with those of surveys done in 2001 and 2004 to "determine how key indicators have changed over time".  The choice of landowners is to be random, says the NEB:

Ipsos Reid, a nationally-recognized research firm, will conduct the telephone survey on behalf of the NEB. It is important to note that not all landowners will be contacted for the survey. Ipsos Reid will select a random sample of landowners, using landowner lists provided to it by NEB-regulated pipeline companies. The randomly-selected landowners will be contacted by telephone in late summer 2011.

A letter was sent by the NEB to all of its regulated pipeline companies on May 17, 2011 asking the companies to submit landowner contact information to Ipsos Reid.  The NEB noted in the letter that the Office of Privacy Commissioner indicated that the companies "should obtain" landowner consent before releasing their contact information to the Board for purposes of conducting the survey.  This privacy issue and the need to seek landowner consent in order to conduct the survey would tend to diminish the randomness of the survey group selection.  Any landowner who chooses not to allow the release of his or her personal information would not be eligible to take part in the survey.

National Energy Board plans landowner telephone survey

The National Energy Board is planning to conduct a survey of pipeline landowners by telephone this year.  In a letter addressed to pipeline companies, the Board has asked companies to provide the following information about landowners: full name, tenant or landowner, province, telephone number, lanugage preference.  The information must be submitted by March 16, 2011.  Ispos Reid will be conducting the telephone survey. 

The NEB says that the purpose of the survey is to obtain the view of landowners on "their experiences with NEB-regulated pipeline companies operating pipelines across their property" and "their experiences with the NEB".  The survey is supposed to taken from a random sample of landowners from the contact information provided by companies.

Read the NEB's letter to companies at: Landowner Survey.

Changing boundaries - B.C. company appeals administrative penalty of $132,897.40

The British Columbia Court of Appeal has granted leave to appeal a decision of the B.C. Supreme Court that upheld an administrative penalty of $132,897.40 against a logging company.  Originally, the Forest Appeals Commission imposed the penalty because it was alleged that Ronald Edward Hegel and 449970 B.C. Ltd. had harvested, or caused to be harvested, timber that was on Crown land and not on property owned by the Company. 

The property owned by the Company is bounded on the east by the North Thompson River. It is said on the Crown grant to contain 130 acres, more or less, particularly described on the map or plan annexed. The accompanying field notes describe the distances of the three non-river boundaries. The length of the west side of the property, north to south, was said by the field notes to be 50.22 chains, or 1010.26 metres.  Over time, posts have been lost, the river has moved somewhat westward, a railway and highway have been built, a pipeline has traversed the land, and hydro and telephone service lines have also been installed, passing over the property. Each of these amenities has been preceded by surveys, with the result that a plethora of survey information has accreted to the original survey and field notes.

On appeal to the Court of Appeal, Hegel and his company will challenge the location of the north boundary of their property as relied upon by the Commission in ordering the penalty. 

Read the decision at: Hegel v. British Columbia (Ministry of Forests).