Part 3 — Surveys Other Than Under Part 2
45 Establishing boundaries
registered at the Land Titles Office or filed at the Metis Settlements
Land Registry, the surveyor shall
(a) mark the positions of the boundary lines to be established by
placing monuments
(i) at every change of direction and the beginning and end
of every curve, and
(ii) at every intersection of t he boundary lines with every
surveyed boundary of the parcels affected by the new
survey,
a n d
(b) make all measurements neces sary to show the positions of
the monuments placed and the boundary lines to be
established, relative to the existing surveyed boundary lines
of the parcels affected.
(2) For the purposes of subsection (1)(a)(i), all curves shall have a
constant radius.
(3) Notwithstanding subsection (1), a surveyor,
(a) when surveying a right of way that is to be bounded by
parallel lines that are not more than 150 feet apart, need
mark only one boundary line of the right of way, and the
unmarked boundary shall be determined from the marked
boundary and the width shown on the plan,
(b) when surveying the boundaries of a strata space, as define d
in the Land Titles Act, shall not mark the boundary lines of
the horizontal, vertical or inclined planes or curved surfaces,
but shall relate the locations of them
RSA 2000
(i) to at least 2 monuments of known elevation in the
provincial reference system placed within or adjacent to
the boundaries of the parcel for that purpose, or
(ii) to 2 survey control markers
and shall relate the locations of them to the external
boundaries of the parcel within which the spaces lie, and
(c) when surveying the boundaries of condominium units other
than bare land units as defined in the Condominium
Property Act, shall not mark the boundary lines of the units
but shall locate or re-establish the monuments that
determine the boundaries of the parcel within which the
units lie.
(4) All the boundary lines surveyed and established in accordance
with subsection (1) shall be defined by the monuments placed for
that purpose as shown on the plan of the survey registered at the
Land Titles Office or filed at the Metis Settlements Land Registry,
whether or not the dimensions or areas expressed on the plan are
found by re-measurement to be different.
(5) Notwithstanding subsection (4), every lot on a linear block
boundary in a subdivision survey shown on a plan registered at the
Land Titles Office after February 16, 1912, and before June 9, 1988
shall have a frontage measurement proportionate to the total
distance between the corners of the block in the same ratio as the
frontage measurement of each lot shown on the registered plan
bears to the total distance between the corners of the block shown
on the plan.
RSA 2000 cS-26 s45;2022 c16 s16