Natural Boundary Surveys in the Sea to Sky

In Sea to Sky, properties bordering oceans, lakes, and rivers represent some of the most valuable real estate, but their waterfront limits are highly dynamic. A "natural boundary" is legally defined under the Land Act as the visible high water mark where the presence and action of water are so common and usual, and so long continued in all ordinary years, as to mark on the soil of the bed of the body of water a character distinct from that of its banks in vegetation, as well as in the nature of the soil itself. Natural boundaries are considered ambulatory. In other words, natural boundaries change over time through slow, imperceptible processes like accretion (the gradual deposition of new land) and erosion (the gradual washing away of land). By common law, lawful accretion belongs to the upland owner, while eroded land reverts to the owner of the water body, generally the provincial Crown. In contrast, a sudden, perceptible change in a watercourse, known as avulsion, does not alter the legal property limits. Furthermore, artificial modifications, such as the placement of fill or retaining walls on the foreshore, do not constitute lawful accretion, and the true natural boundary remains in its location immediately prior to the interference.

Defining these ambulatory limits requires adherence to the Land Survey Act, the Land Title Act, and the Land Act, in addition to the Association of British Columbia Land Surveyors (ABCLS) Survey and Plan Rules. When a natural boundary has moved or has been depicted incorrectly on historical documents, Section 94 of the Land Title Act provides the administrative mechanism to legally update the survey plan upon which the title is based, ensuring your title accurately reflects your current extent of ownership.