What is the test for determining where a central mound is placed between two sections?

Saskatchewan, Canada


The following excerpt is from Kajner v Kovacz, 1922 CanLII 379 (SK QB):

The questions that arise here are practically the questions that presented themselves to Wetmore, C.J., in Rohrke v. Marshall (1910), 3 S.L.R. 82, summarised by the Chief Justice in that case as follows at p. 83:— "(a) Was a central mound placed between the two section-corner mounds indicating where the line between the two quarter-sections in question should start? (b) If there was, where was it placed? (c) If no central mound was placed or can be found, where is the dividing line between these quarter-sections located?"

Other Questions


What factors will the court consider when determining the division of assets between the parties in a long-term marriage where there was a long term marriage? (British Columbia, Canada)
What is the test for determining whether there has been economic duress in a contract where a party entered into the contract at the time of execution? (Ontario, Canada)
What is the effect of a misapprehension as to where the common dividing line between two properties was? (British Columbia, Canada)
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)
Is there any case law where a distinction was drawn between whether and what extent of work has been performed? (Newfoundland and Labrador, Canada)
What is the test for determining the value of equity between a plaintiff and her partner? (British Columbia, Canada)
What is the test for establishing that a joint venture is not a "joint venture" where there is a clear link between the joint venture and the accumulation of wealth? (Nova Scotia, Canada)
What is the legal test for determining costs where the estate must pay costs to an unsuccessful party? (Alberta, Canada)
Does the difference between the employer and the employee when it comes to determining whether the advantage accrued primarily to the employer or the worker? (Canada (Federal), Canada)
What is the test for determining whether a slip and fall accident was precipitated by the condition of the premises where the accident occurred? (New Brunswick, Canada)