A registerable legal description is a simple, concise description that does not require special training to understand. In all cases, the description must be unambiguously described using existing cadastral fabric (plan/DGS limits) as the limits of the easement or described as parallel with and adjacent to relevant cadastral fabric using perpendicular or concentric dimensions.
The pages to follow offer illustrations and examples of acceptable legal descriptions and explanations where warranted.
Some general rules, as follows:
- Any easement bounded by a natural boundary will require a surveyed plan.
- Use of cardinal directions (North,East,South,West) must be unambiguous. For the purpose of establishing this Guideline, this will be restricted to limits that align to within 10 degrees of their true bearing as referenced to either the Township Diagram or plan that establishes the parcel.
- Use of ordinal directions (Northeast,Southeast,Southwest,Northwest) must be unambiguous. For the purpose of establishing this Guideline, this will be restricted to limits that align to within 10 degrees of their true bearing as referenced to either the Township Diagram or plan that establishes the parcel. Reference to ordinal directions will be further restricted to maximum 4 sided figures.
- Where the proposed legal description makes use of cardinal or ordinal directions for reference to the boundaries of the parcel or easement, there can be only one boundary that can be referenced as such. For example: When using “THE NLY X METRES PERP”, there can be only one northern boundary.
The examples to follow offer illustrations and examples of acceptable legal descriptions and explanations where warranted.
If the legal description falls outside of criteria set out in this guideline, a plan will be required.
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Example 1
Example 1 descriptions:
THE ELY 12.0 METRES PERP OF THE NLY 100.584 METRES PERP OF THE NE 1/4 OF SECTION 12-1-11 EPM
and
THE NLY 12.0 METRES PERP OF THE WLY 68.467 METRES PERP OF THE ELY 80.467 METRES PERP OF THE NE 1/4 OF SECTION 12-1-11 EPM
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Example 2
Example 2 descriptions:
THE ELY 12.0 METRES PERP OF NE 1/4 OF SECTION 12-2-11 EPM
EXC NLY 100.584 METRES
and
THE NLY 12.0 METRES PERP OF NE 1/4 OF SECTION 12-2-12 EPM
EXC ELY 80.467 METRES
Note: if the exceptions are title limits, the wording should be identical to the titles. For example, the exception did not use “PERP” in this instance.
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Example 3
Example 3 description:
ALL THAT PORTION OF THE NW 1/4 OF SECTION 30-1-12 EPM WHICH LIES BETWEEN THE SOUTHERN LIMIT OF PUBLIC ROAD PLAN 1400 WLTO AND A LINE DRAWN SOUTH OF PARALLEL WITH AND PERP DISTANT 12 METRES FROM SAID SOUTHERN LIMIT
EXC PLAN 16398 WLTO
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Example 4
Example 4 description:
ALL THAT PORTION OF THE NE 1/4 OF SECTION 35-1-11 EPM
LYING BETWEEN THE SOUTHERN LIMIT OF ROAD PLAN 9210 WLTO
AND A LINE DRAWN SOUTH OF PARALLEL WITH AND PERP DISTANT
12.0 METRES FROM THE SAID SOUTHERN LIMIT
WHICH LIES WEST OF THE WESTERN LIMIT OF LOT 1 PLAN 15622 WLTO
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Example 5
Example 5 description:
ALL THAT PORTION OF THE FRAC NE 1/4 OF SECTION 16-26-16 WPM WHICH LIES BETWEEN THE NORTHEASTERN LIMIT OF CHRISTENSEN DRIVE
PLAN NO. 2834 DLTO AND A LINE DRAWN NORTHEAST OF, PARALLEL WITH AND PERPENDICULARY DISTANT OR CONCENTRIC WITH AND RADIALLY DISTANT
12.0 METRES FROM SAID NORTHEASTERN LIMIT
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Example 6
Example 6 description:
ALL THAT PORTION OF LOT 2 PLAN 72488 WHICH LIES BETWEEN THE EASTERN LIMIT OF PUBLIC LANE PLAN 7227 WLTO AND ITS STRAIGHT PRODUCTIONS AND A LINE DRAWN EAST OF, PARALLEL WITH, AND PERP DISTANT 3 METRES FROM SAID EASTERN LIMIT AND ITS STRAIGHT PRODUCTIONS
IN THE SW 1/4 OF SECTION 22-2-1 EPM
Note: Because there is more than one western limit of Lot 2 Plan 72488, reference to the adjacent parcel, in this case Public Road Plan 7227, removes ambiguity.
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Example 7
Example 7 description:
ALL THAT PORTION OF LOT 3 PLAN 38537 WLTO WHICH LIES NORTH OF THE STRAIGHT PRODUCTION WLY OF THE SOUTHERN LIMIT OF LOT 2 OF SAID PLAN
IN THE SW ¼ SECTION 14-10-19 WPM
Note: Because there is more than one northern limit of Lot 3 Plan 38537, reference to the adjacent parcel, in this case Lot 2 Plan 38537, removes ambiguity.
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Example 8
Example 8 description:
ALL THAT PORTION OF THE WLY 12.0 METRES PERP OF THE NW 1/4
OF SECTION 35-1-11 EPM
WHICH LIES BETWEEN TWO LINES DRAWN ELY AT RIGHT ANGLES TO THE WESTERN LIMIT OF THE SAID NW 1/4
FROM POINTS IN SAME DISTANT SLY THEREON 100.0 METRES AND 112.0 METRES, RESPECTIVELY, FROM THE NORTHWEST CORNER OF THE SAID NW 1/4
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Example 9
Example 9 description:
THE SLY 12.0 METRES PERP OF THE NLY 24.0 METRES PERP
OF THE NE 1/4 OF SECTION 12-2-11 EPM