Property Law - Analysis - Fact - Survey Evidence - Analytical - Law Assessment Answer

Assessment Task:

Property Law - Analysis - Fact - Survey Evidence - Analytical - Law Assessment Answer 

OBJECTIVES AND DETAILS
The intention of this assignment is to acquaint the student with the concepts of boundary, original documentation, retracement and the hierarchy of evidence. In doing so, a distinction between evidence and facts will be made clear. In order to complete the objectives of this assignment, you must apply the legal process—evidence, filter, fact, law and then conclusion—as a structure to follow in the evaluation of boundary and survey evidence. This approach is very similar to what the court does in relevant cases and is important in formulating an opinion of where a boundary is located, of which can be professionally defended. This assignment is a modified version of what was presented in previous years by Izaak de Rijcke. The following are the learning objectives of this assignment:
• Grasp the nature of a surveying problem described in a narrative fashion;
• Understand the idea of provenance or origin with respect to evidence found today and being able to relate it to original monumentation;
• Filter through conflicting evidence while applying the hierarchy of evidence principles
• Synthesize the result of the analysis of the facts with the relevant boundary law principles to reach an overall opinion/conclusion;
• Write a survey report in a style that is clear, concise, analytical and organized.
 

QUESTIONS
In your report, you must answer the following questions in paragraph format (no bullet points):
1. When did the boundary between Lots 12 and 13, Concession III, and Lot 12, Concession IV, come into legal existence? When did it come into physical existence?
2. What is your opinion of the boundary location between Lots 12 and 13, Concession III? Why?
3. Is the part shown on Figure 3 part of your client’s property? Why? Or why not?
4. Based on your answer in Question 2 above, what does this do to the ownership of cottage B? What more information do you need to answer this question?

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