What if two (or more) Alberta Land Surveyors disagree on the location of a boundary?

Boundary uncertainties and alleged errors in surveys can exist. Two or more Alberta Land Surveyors can have a legitimate difference of professional opinion as to the re-establishment of a boundary.

The Alberta Land Surveyors’ Association has created the Boundary Resolution Process to establish a process to help Alberta Land Surveyors resolve boundary uncertainties.

There are two components to the Boundary Resolution Process. First, if the involved Alberta Land Surveyors cannot informally resolve the situation themselves, the Alberta Land Surveyors’ Association may assist with mediation. Second, if mediation has failed or does not apply, there is a referral from the Executive Director to the Boundary Disputes Panel who would convene to determine if the boundary uncertainty is best resolved by Section 9 of the Surveys Act or some other means.

Alberta Land Surveyor may refuse to participate in the mediation process. In order to resolve boundary uncertainties, it is intended that the Alberta Land Surveyors’ Association establish a mediation process to help two or more active Alberta Land Surveyors resolve a professional difference of opinion as to the position of a corner or boundary of a property.

If mediation fails or does not apply, the matter must be forwarded to the Association’s Boundary Disputes Panel. The Boundary Disputes Panel’s purpose is to determine if a boundary uncertainty can be resolved through other means, or is in fact an alleged error in survey and is best resolved through Section 9 of the Surveys Act. The Boundary Disputes Panel is a non-statutory committee.

The Boundary Disputes Panel may recommend that a Section 9 Board of Investigation be conducted or dealt with by some other means.

Please note that the Boundary Resolution Process is not designed to deal with a situation in which a landowner believes an Alberta Land Surveyor has incorrectly re-established a boundary.