What is the determination of boundaries?

Determination of boundaries is the operation of survey which establishes in a permanent and irrevocable manner (thus without appeal) a limit between two adjoining real estate properties. While staking is a unilateral operation made at the request of the owner, determination of boundaries involves the neighboring owners. This operation is often made necessary when a limit seems litigious.

Determination of boundaries can be made amicably when the neighboring owners agree on the common plan of a line which must separate their real estate properties. It can be judicial if the parties in presence do not agree.

Within the framework of a procedure of determination of boundaries, the land surveyor acts at the same time as an expert of the court and as a public officer in order to investigate and summon witnesses to appear. As such, he recommends a limit that he believes to be the best depending upon his analysis and the elements of proof which were submitted to him. When his recommendations are accepted by the parties, the land surveyor puts the boundaries and drafts the minutes of the boundary-marking operations which is signed by the parties and the land surveyor. These minutes bind the parties and their successors. It is published in the registry office.

If there is, afterwards, contestation by one or the other of the parties, the cause can be brought before a judge of the Superior Court.