In this episode of Storman Norman Presents, we explore the statutory framework for the administration and disposition of Crown land in British Columbia: the Land Act.
This legislation is the primary authority for how the province manages its vast land resources.
We dive into the specific powers of the Surveyor General regarding Crown land surveys, the legal definition of natural boundaries, and the critical processes for confirming and correcting the cadastral record on behalf of the Crown.
Natural Boundaries (Section 18):
Statutory Definition: The Act defines the "natural boundary" as the visible high water mark of any lake, river, stream, or other body of water.
Title Restrictions: Unless specifically authorized, no person is entitled to a grant of land below the natural boundary. This is a frequent exam topic regarding the limits of Crown grants and the ambulatory nature of water boundaries.
Part 7 – Surveys (Sections 72–73):
Survey Authority: All surveys of Crown land must be performed by a British Columbia Land Surveyor and must comply with the specific instructions provided by the Surveyor General.
Confirmation of Survey: A survey is not considered official until the plan has been confirmed by the signature of the Surveyor General. This differs from the Land Title Act, where the Registrar has primary authority over plan acceptance.
Part 8 – Cancellations and Re-surveys (Section 81):
Correction of Errors: If the Surveyor General finds that a survey is incorrect or has been made in a manner that would lead to confusion, they have the statutory power to cancel the plan and order a re-survey.
Roads and Trails (Section 13):
Crown Ownership: Except where otherwise provided, all roads, trails, and streets on Crown land are the property of the Crown and are excluded from any disposition unless otherwise specified.
Dispositions (Section 11):
Ministerial Power: The Minister has the broad authority to dispose of Crown land via grant, lease, license, or permit. Surveyors are essential in accurately defining these areas before a disposition can be finalized.
Infographic:
https://drive.google.com/file/d/1Qm3NiqZbvgIiSCd9jujk_FtJ9mq541-B/view?usp=drive_link
Source:
https://drive.google.com/file/d/1JTRWCmw5xIMOHP7Hs09_IFa_FJjIHuhn/view?usp=drive_link
