SUBDIVISION APPLICATION MAPS (SAM)
A Subdivision Application Map (SAM) is a map prepared by a Manitoba Land Surveyor for the purpose of accompanying an Application to Subdivide. An Application to Subdivide is a form submitted to the local planning authority when applying for a subdivision of land. The SAM shows existing and proposed property limits and various features relevant to the application.
A SAM is usually required as part of a subdivision application in Manitoba outside of the City of Winnipeg, including those municipalities that are part of a planning district that has been delegated subdivision approving authority.
A SAM provides the local planning approving authority with accurate, reliable, and objective information supplied by a qualified professional land surveyor. The SAM clearly shows what is being proposed, thereby improving communication and reducing processing times. Commenting agencies can readily locate the information they require to assess the proposed subdivision. Variances and other zoning requirements are easily identified, and the easement needs of utilities are quickly identified. Current and future landowners are protected from poor planning decisions caused by the lack of good information.
BUILDING LOCATION CERTIFICATE
Sometimes simply called a survey or a survey certificate, a Building Location Certificate (BLC) is a common legal document prepared by a Manitoba Land Surveyor which shows the locations of the buildings on a property and reports any encroachments onto the property or encroachments from adjoining properties. A Building Location Certificate is often prepared in conjunction with the sale or purchase of a house, or commercial or industrial property. Survey monuments are generally not placed on the corners of the property unless specifically requested. In other provinces, a similar document is called a Real Property Report.
Most jurisdictions have certain restrictions as to the location of buildings within a property. The BLC allows the local municipal authority to determine if the property complies with the applicable zoning by-laws. For example, it may be discovered that a new garage, in addition to a house, or even something like an air conditioner is too close to the property line, or was built without the proper permit. In some cases, these features must be removed or a zoning variance obtained. When a current Building Location Certificate and a zoning memorandum are obtained prior to the sale of a property, it protects the purchaser by warning of any encroachments, restrictions in the physical extent of the property, or zoning violations.
When purchasing property, the Latin phrase caveat emptor, let the buyer beware, is applicable. An encroachment from an adjoining property may restrict the full use and enjoyment of your property. If the encroachment is from your property onto adjacent lands, you may be faced with the effort and expense of having it removed.
Once you take possession of a property, you take possession of any associated encroachments or zoning violations. It is important to identify any potential problems before closing a sale. You can then make an informed decision on whether or not to proceed with the purchase or to have the current owner correct any problems before you take possession.
A Staking Certificate is documentation of a legal land survey done by a Manitoba Land Surveyor which places or confirms survey monuments on the corners of a parcel of land. It shows the dimensions of the property, the survey monuments found or placed on the property corners, and reports any building encroachments from or onto adjacent properties.
You are entitled to enjoy the full extent of your property. When building a fence, you may build up to, but not over the property limit. Having your property staked will give you the security of knowing your fence is in the right place and will not have to be moved and re-built at a later date.
Before undertaking any construction project, it is prudent to know the exact location and extent of your property. The survey monuments will assist you in establishing the required front and side yard setbacks needed to comply with zoning requirements and to avoid possible encroachment or variance situations.
Finding some sort of metal marker pin near where you think the property corner should be may not be a reliable way of determining your property limits. It may have been placed by a prior owner, a neighbour, or someone else who is not a qualified land surveyor, and it may not even be a legal survey pin. Even if it is a legal pin, it may have been disturbed from its original position and incorrectly set back to where someone thought it should go. It may represent a bend in the property limit or the beginning of a curve and may not be your lot corner at all. Some legal survey pins are deliberately set on offset lines or witnessed from the true property corner due to underground obstructions.
PLAN OF SUBDIVISION
A Plan of Subdivision is a legal plan prepared by a Manitoba Land Surveyor for the purpose of subdividing the land and creating new titles. If you are subdividing land, your proposed subdivision will have to first be approved by the local planning authority based in part on the information shown on a Subdivision Application Map. If approved, one of the conditions of the approval will usually be that the proposed new lot(s) be surveyed by a Manitoba Land Surveyor and that a Plan of Subdivision for registration in the Property Registry (Land Titles Office) be prepared. This plan will show the dimensions and configuration of the new lot(s) and is the document upon which the new titles will be based.
Title consolidation is the combining of two or more lots or titles into one lot or parcel. There are various means by which this can be accomplished. Fees can vary substantially depending on the legal descriptions of the existing titles and the advice you receive. We can advise which method is most appropriate and economical for your situation.
Isaac & Denchuk also provides other survey and survey-related services including topographic and drainage surveys, subdivision design, title plots, easement and right-of-way surveys, and condominium plans.