Frequently Asked Questions

You can apply for a minor variance when your proposed change is not fully compliant with the zoning by-laws and Official Plan, but follows their intended use. An example of this is when minimum setbacks from lot lines are not met due to the geometry of the property or building. The change needs to be minor.

The lot line staking will result in various markers being set along the property lines and we will try to make sure they are easily visible. The markers may not be intervisible as there may be structures or natural features obstructing the line, but efforts will be made to make the line as visible as possible. We will complete the necessary field work to confirm the required property boundaries, and we will mark the boundaries with survey monuments, spikes, stakes and nails as is appropriate.

When markers are placed along a property line, there is the possibility of them being removed or disturbed. Unless the marker is a recognized survey monument it is not illegal for them to be removed. Our field crew will take photos while on site, but we suggest that our client also takes their own photos once the field work is completed. If you require the line to be restaked, an additional fee may apply.

The Surveys Act recognizes that surveyors may need to enter upon other lands in order to access the evidence we need to properly retrace legal boundaries. Section 6 of the Act gives Ontario Land Surveyors and those they employ the right to enter and pass over the land of any person.

If you feel that there may be an issue with the neighbor, we strongly recommend that you upgrade to a service that will include a Plan of Survey. If the neighbor does not agree, they should retain their own Ontario Land Surveyor to run the property line. In the vast majority of cases, both surveyors will agree with the boundary, and if there is a disagreement between the two surveyors, chances are that they will share information and then agree on the boundary location.

There is no set time for lot line stakings, as each case deals with different evidence and different circumstances. A return trip may be required, and if many of the survey bars are missing, we may even need to complete more research. The only answer is that it takes as long as it takes to get the boundary right. Yes if you do want to be on site, we will do our best to work with you to allow that to happen. Field work is never easy to schedule or predict (think of the uncertainty with weather), and even with our best efforts, we may not be to offer any guarantees.

We work all year round.

Yes. If you require a survey plan once a lot line staking is completed, we would be happy to quote you for that additional service keeping in mind the existing work we have previously completed. Upgrading to a plan after the initial field work is completed will likely require an additional field visit.

SRPR stands for Surveyor’s Real Property Report.

Yes, at the end of your project you will receive a completed illustrative legal survey in a digital pdf and hard copy form if requested. You will also have a written survey report to help understand what the survey is showing.

Yes! A SRPR would provide you with the supportive documentation on the boundary and property to be admissible in a court case should one occur.

In order to comply with the regulatory requirements for SRPR’s, we only need to set monuments at the front property corners. As a general rule, at IBW Surveyors, we will also set the rear monuments, but you may wish to document this if you require survey bars set at the rear corners as well. Also, if you would like additional stakes set along the proper lines, please let us know at the quote stage, as we can offer this upgrade at a very reasonable cost if we complete this at the same time.

If it is found that there is a feature or building on or near the boundary line(s) it will be measured and properly reflected with distance ties to the line(s) on the completed survey. All we can do is report the current situation on the ground. We recommend that you consult your lawyer if the issue cannot be resolved between you and your neighbor after the location of the encroachment has been confirmed on the survey.

Though both surveys fall under the category of a Legal Survey – the Lot Line Staking will result in a complete mark out of your boundary limit(s) accompanied by a written report but no plan. Whereas, the Surveyor’s Real Property Report provides you with the marked boundaries, as well as the fully drawn physical survey for your records to illustrate features on or near your property in relation to the retraced boundaries.

A Surveyor’s Real Property Report (SRPR) does not have a specific expiration period. For a property survey to be considered “up to date” there would be no changes to the property in the form of additions or new structures, and there would be no changes to the title. For example if an easement has been added or a new shed has been built, the survey would not be considered up to date.

Depending on the municipal or city regulations in your area and the type of building or construction permit in which you are applying, a legal boundary survey may be required in which a SRPR would meet these needs. Please note however some municipalities also require a plan illustrating the existing and even proposed Topographic information on the property/area of the proposed build. It is always recommended that you engage with the municipality prior to planning or engaging on any form of property alterations to ensure that you are following their set guidelines and know what they require for a survey.

No, although the plan will be the source of the new description, the consent must be finalized and a Lawyer must register the approximate title document(s) to create and register the new separate parcel of land.

Although it may seem very straightforward at first, oftentimes additional parts must be created on the plan to reflect the extent of existing rights or interests in the land or to describe additional portions of the land for new rights or conveyances. Particularly with regards to Reference Plans for severance applications, as a condition of consent, additional parts may have to be created to meet the conditions from the municipality, and possibly other government authorities that may have an interest in the parcel. They can request street widenings, easements, title to open space, etc., all requiring parts to be created to describe the future uses and or requirements.

For example if you are severing your property into two parcels and as a condition of the severance the municipality has requested a widening be taken you can put all of these parts on one plan. If on that same plan you want to create a right-of-way for a mutual driveway between the two properties another two parts would be added to create the description for the easement. Although you only want to create two lots this has now become a five (5) part plan. The purpose of the plan is to describe the lands and what purpose each part serves will be dictated by your design and/or conditions.

Depending on the municipality you may need to have a “Draft Reference Plan”, also called a “Severance Sketch”, to submit to the local authorities for approval before a Reference Plan is deposited. In this case the property would be surveyed, the proposed parts would be illustrated in “draft” form for submission. Once the draft plan receives all required approvals the plan can be finalized and submitted to be deposited at the Land Registry Office.

In order for us to provide an accurate proposal for Reference Plan, we need to review the approved Notice of Decision (list of conditions) and approved sketch issued by your municipality. Each severance is different and each municipality has certain guidelines that the final survey must produce in order to fulfill the specific requirements of the particular severance. It’s typically done in a two step process and the Reference Plan work is quoted after preliminary consent.

We don’t handle the preparation of the consent application itself. However, we would be happy to refer you to a planning consultant who would be able to help.

Once your project is completed you will receive a pdf and/or hard copy of your completed survey, as well as a written survey report.

Yes. A Plan of Survey is a legal document signed by an Ontario Land Surveyor. The plan will be completed in compliance with a number of statutes and regulations governing the preparation of survey plans and the boundary reflected on the plan will have undergone an in-depth review by the signing Ontario Land Surveyor.

A Plan of Survey does not have a specific expiration period, but it does become less current as time passes. Changes occur on properties, such as easements may be registered through the property, a portion of the land may be severed from the parent parcel, a road widening may have been taken across the frontage, new structures may be built on the property and the title or ownership may change. Any of these changes could make the survey invalid or at least out of date.

Municipalities only accept up to date surveys. This means, the survey you produce for your building permit application must reflect the current site conditions and be less than 5 years old.

You will require a boundary and topographic survey for your permit application. You will also need a site and grading plan following the boundary and topographic survey. We offer what is called a “builder’s package” to lump all our services necessary to complete an infill construction project.

There is no difference between the two, just a different way to describe the product.

Yes, a pool permit survey will be what you need to satisfy the application for site alterations when building a swimming pool.

Yes, a legal survey is different from a pool permit survey. For example, Richmond Hill requires a pool permit survey but Mississauga only requires a Surveyor’s Real Property Report (SRPR).

Topographic surveys provide information about the contours, elevations, natural features, and man-made structures of a piece of land. This includes information about the land’s surface and underground features such as retaining walls, gas lines, wells, trees, lakes, fences, buildings, utility poles, and etc.

A topographic survey is conducted to identify and map the contours, elevation, and other natural and man-made features of a piece of land. This type of survey is used to produce a detailed plan of the land, which can be used for a variety of purposes such as planning construction projects, designing drainage systems, or creating a landscaping plan. On the other hand, a legal boundary survey is conducted to determine the precise legal boundaries of a property. This type of survey is used to determine the exact location of the property lines and corners, as well as any easements, rights-of-way, or encroachments that may exist on the property. A legal boundary survey is typically required for the transfer of property, building or expanding structures, or resolving boundary disputes. In summary, while a topographic survey focuses on the physical characteristics of a piece of land, a legal boundary survey focuses on defining the legal boundaries of a property. Both Surveys can be combined as well.

A topographic survey by itself will not show any boundary lines, however it can be combined with a legal boundary survey.

Topographic surveys are used by engineers, architects, and governmental agencies in construction, land-use planning, and land management. They are also used in industries such as geology, petroleum, and forestry.

Topographic surveys are conducted using a combination of techniques such as GPS or total station. The survey team will take measurements and collect data in the field, and then use computer software to process and present the data.

The duration of a topographic survey will depend on the size and complexity of the project. A small survey may take a day to complete, while a larger or more complex survey may take several weeks or months.

The cost of an engineering survey can vary depending on factors such as the size of the project, the complexity of the survey, and the location of the site. Please contact us for a quote.

This depends on the definitions used by the municipality, normally found under the zoning by-law. A Site Plan is a drawing depicting the location of buildings, accessory structures, driveways, services, and significant landscape or site altering structures; and their relationship to the boundary of the property. Normally a Site Plan does not include elevation information. A Grading Plan is a drawing depicting the same information as the Site Plan above, but with the addition of elevation information and Grading details. The intent of the Grading Plan is twofold. To prove conformance with Zoning By-Laws, and to prove the design will not negatively impact adjacent properties. A Grading Plan is a drawing depicting the same information as the Site Plan above, but with the addition of elevation information and Grading details. The intent of the Grading Plan is twofold. To prove conformance with Zoning By-Laws, and to prove the design will not negatively impact adjacent properties.

The drawings an architect provides are generally building specific, outlining the details of the construction of the building itself. Often an architect will include an architectural site plan in their drawing set. It is a reference drawing indicating the intent of the building placement on the lot. In most municipalities in Southern Ontario an Ontario Land Surveyor, or a Professional Engineer are required to sign a Site, or Site and Grading Plan.

Plans of Subdivision are used normally to divide large pieces of land into many smaller units of land into lots or blocks, which may be allocated to streets, parks or municipal services. Consent for Severances are used to divide smaller pieces of land further into few units of land normally for single use purposes. If you are not sure whether you require a Plan of Subdivision or Consent for Severance, IBW can provide guidance in this regard, and the municipality planning department can confirm.

We would always recommend that you work with a lawyer who has some experience with condominiums. The process can be very complex, and having the right experts on your side can ultimately save you time and money. An experienced lawyer can advise you on matters that will ensure you remain in control of the vision for the project, and make sure that vision is not lost during the process. The experienced lawyer will understand the importance of timing and will be one of the main players in keeping the registration on track.

Every Phased condominium is a Standard condominium, but one that is completed over two or more registrations. There are some great advantages to the developer to Phasing a condominium as it allows sale of units as soon as the initial condominium is registered, and then the developer can continue to build and finalize the units that will be included in the next phase or phases.

Before a condominium can be registered on a property, the title to the subject lands must be within Land Titles Absolute. This process may take several months, so it is important to start this process as early as possible in the condominium process.

Yes. You can convert any building into a condominium if you go through the correct approval process. You can create units in accordance with the existing walls, or you can revise some of the units to meet with your wishes.

Yes. This will require an Amendment to the Description and the Declaration, therefore, it will require both a lawyer and a surveyor. Condominium amendments can be done under Section 107 or Section 109 of the Condominium Act and it is essential to collaborate with the Assistant Examiner of Surveys early in the amendment process as they will also need to approve the amendment documents prior to registration.

The main deliverable for 3D LiDAR scanning is a point cloud. Another common deliverables are dwg drawings containing 3D linework and 3D points.

No light is needed when scanning. Measurements can still be taken without light. However, light is still important for picture quality.

3D laser scanning is a highly accurate method of measuring a project. In most cases, traditional methods of surveying are applied with 3D LiDAR scanning to transform the point cloud to the project-required coordinate system.