A property law term; the occupation or possession of land by a person not legally entitled to it. If continued unopposed for a period specified by law, such occupation extinguishes the title of the rightful owner.
Definition:
An iron or steel bar twenty-five millimetres square and sixty centimetres long pointed at one end.
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Term: Stare Decisis
Definition:
The doctrine which states that when the court has once laid down a principle of law as applicable to a certain state of facts, it will adhere to that principle and apply it to all future cases where facts are substantially the same.
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Term: Statement of Claim
Definition:
A pleading in civil law proceedings whereby the plaintiff alleges the facts relied upon in support of the remedy claimed in the action.
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Term: Statement of Law
Definition:
The responding pleading to a Statement of Claim in civil law proceedings where the defendant alleges the facts relied upon in defence of the claim made in the action.
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Term: Static GPS
Definition:
Carrier phase differencing technique where the integer ambiguities are resolved from an extended observation period through a change in satellite geometry.
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Term: Status Certificate
Definition:
Means a status certificate described in section 76.
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Term: Storage Unit
Definition:
A legal entity and like a residential unit, it is considered real property. It's use and ownership is defined in the declaration. A storage unit does not have voting rights.
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Term: Strata Plan
Definition:
A three dimensional plan of survey representing limits of ownership and other interest in land.
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Term: Streamflow
Definition:
The discharge that occurs in a natural channel. The term streamflow is more general than runoff , as streamflow may be applied to discharge whether or not it is affected by diversion or regulation.
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Term: Stump Fence
Definition:
An old form of fence in Ontario comprised of tree stumps usually intended to make a farm boundary.
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Term: Subdivision Unit
Definition:
A lot shown on the original plan of an original survey. A lot, block, part or other unit of land shown on a plan registered or deposited under the Registry Act or Land Titles Act.
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Term: Substantial Damage
Definition:
Means damage for which the cost of repair is estimated to equal or exceed 25 per cent of the replacement cost of all the buildings and structures located on the property. 1998, c. 19, s. 123 (2).
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Term: Support
Definition:
Common law reciprocal right of adjacent land owners to maintain support of the physical soil, in its natural conditions. This common law principle does not apply to properties that are constructed above one another (e.g. high-rise building with multiple ownerships such as retail and residential components).
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Term: Surface Water
Definition:
Water found over the land surface in stream (s), ponds or marshes.
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Term: Survey Control Network
Definition:
Graphically define lattice of precise control points with a given horizontal position and surface elevation.
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Term: Survey Line
Definition:
A line established by competent survey; often but not always a boundary line.
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Term: Survey Marker
Definition:
A term sometimes used by the public to describe a survey monument. A marker stake is a wood stake placed beside or near a survey monument to provide notice.
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Term: Survey Monument
Definition:
A physical and permanently placed survey marker intended to mark or witness a boundary corner. Ideally these are square iron bars, flush with the ground but may take the form of a cross cut in concrete (cc), concrete pin (cp), rock post (rp). In the past these were also round iron bars (rib), concrete monuments (cm), old axles, drill bits or cedar stakes.
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Term: Survey Plan
Definition:
The professional opinion expressed by a licensed Ontario Land Surveyor of the legal boundaries of a property and the location of certain features within or appurtenant to the property.
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Term: Survey Stake
Definition:
A colloquial term for a legal survey monument. Not to be confused with wood marker stakes set beside survey monuments.
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Term: Surveyor's Certificate
Definition:
The surveyor's certificate wording is prescribed by current survey regulations and confirms that the surveyor has actually surveyed the boundary in accordance with relevant boundary-related statues and regulations, and has provided their professional legal opinion therein. Certificate wording covers particulars such as: (1) name, official signing date and official supervising Ontario Land Surveyor signature; (2) survey plan completion date (date of last physical site attendance by surveyor or staff for boundary survey or re-installing any missing survey markers).
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Definition:
Means a survey plan that locates a building or structure in relation to the boundaries of a unit of land, and the accompanying written report. Done to the performance standards of the A.O.L.S. When done for newly constructed buildings may be called an "as-built" survey.
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Term: Site Plan Control
Definition:
Site plan control is a form of development control provided to municipalities by Ontario's Planning Act. No one can undertake any development which is subject to site plan control unless the City has reviewed and approved certain plans. Once the plans are approved, a site plan agreement is generally executed. This agreement contractually binds the owner to develop and maintain a site in accordance with the approved plans and the terms of the agreement.
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Term: Subdivision Agreement
Definition:
An agreement between a council and a developer whereby the developer undertakes to provide basic services in order to develop a plan of subdivision.
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