Tizzin't my snafu, not old enough yet !
Derek
I'm guessing Canadian land laws are quite different from the US, well at least my state.
""The issue here is you always move back to the original pin, and it was the original [1917] pin that was in error," Bell said of the surveys done over the decades."
That statement sets the entire Boundary Survey world on its head in the US. An original pin can't be in error (always isolated exceptions), but never after the public relies on it for 93 years.
I'm not saying you're wrong...
...since the subject is pretty far removed from my day to day practice, but I'd like to see an example in the U.S. that was different.
I don't believe that longstanding good faith occupation can alienate aboriginal title, but I've been known to be wrong before.
This is an example of what happens when title is registered and guaranteed by the Government. When an error appears they fix it - no courts, no fuss.
That is what I was thinking, plus I wonder what sort of deed they had that would be more than evidence.
The article doesn't state, and I don't know, if the boundary is created by the original survey, or if the survey represents a negotiated border between sovereigns.
Big Difference.
If it is a Boundary created in the original survey, then what purpose is served by unsettling 100 years of peaceful neighborhoods?