Marking is a surveying operation designed to establish a permanent and irrevocable boundary between two contiguous properties. Unlike to staking, which is an unilateral operation, marking involves the neighbouring landowners.
It often becomes necessary when a dispute arises as to the location of a boundary. Marking can be done amicably, when the owners agree on the line separating their respective properties, or legally, if the parties are unable to reach an agreement.
When proceeding to marking, the land surveyor acts as an expert of the Court and a public officer, in order to investigate and summon witnesses. Therefore, he recommends the line he considers to be the most accurate, based on his analysis and the evidence that has been provided.
If the parties accept his recommandations, the land surveyor can mark out the line and a marking minute is then prepared and signed by the parties and the land surveyor. These minutes are binding on the parties and their successors. Thereafter, they are published at the registry office. If there is an existing challenge by one or the other of the parties, the decision can be heard before a judge of the Superior Court.
Boundary operations are governed by the articles 977 and 978 of the Civil Code of Quebec and by the articles 787 to 794 of the Civil Procedure Code of Quebec.
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