Maheux & Hains Arpenteurs-Géomètres welcomes you in Québec and Thetford Mines.
info@maheuxhains.ca | Québec : 418 688-3209 | Thetford Mines : 418 332-3636
Boundary marking is the surveying operation that aims to permanently and irrevocably establish a land boundary between two or more contiguous properties. This operation may become necessary when a boundary is in dispute. Boundary marking can be done in several ways, either amicably or judicially. Boundary marking, unlike staking, has a legal value, i.e. it is opposable to third parties. In other words, the demarcation is final, so if your property has already been demarcated, you must comply with it.
The amicable demarcation can be done with or without formalities. The exception to this is the informal demarcation, where the property line(s) are established by mutual agreement in a definitive and irrevocable manner without the possibility of becoming a judicial process.
In an amicable demarcation, the land surveyor proposes a property boundary that corroborates with the testimonies, the occupation, the titles, the cadastral plans, etc. This proposal, when accepted by the parties, will be transposed on the ground with survey monuments. Following the survey, the land surveyor will draw up the demarcation minutes which will be signed by the parties. The minutes, once registered in the land registry, will be binding on their successors in title in a final and irrevocable manner.
The demarcation with formalities has the same legal scope as that without formalities. This operation is often used when the parties do not agree and it is difficult to come to an agreement. Sometimes, when the dispute is complex, it is possible that it will lead to the intervention of the court to decide.
1905 Wilfrid-Hamel Boulevard,
Québec QC G1N 3Z3
Thetford Mines Office
309 Frontenac Boulevard West,
Thetford Mines QC G6G 6K2