What are the elements of Plan 712 used to determine the location of a fence between Lots 4 and 25 on a parcel of land where a fence was put up to the east of the property line?
British Columbia, Canada
The following excerpt is from Phillips v. Keefe, 2012 BCCA 123 (CanLII):
The defendants argue that the measurements found on Plan 712 support their position that the rear property line of Lots 4 and 25 lies 12 feet to the east of where the fence was; that Plan 712 is considered to be incorporated and taken to be part of the property’s description (see Kirkpatrick v. British Columbia (Registrar of Land Titles), 2002 BCCA 669, 8 B.C.L.R. (4th) 24); and that the provisions of the Land Title Act must be given precedence over the surveyors’ hierarchy of evidence. The defendants assert that Plan 712 is “conclusive evidence” as to the location of the property lines.
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