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Water submerging a non-riparian parcel: when erosion is not erosion
Abstract
This is an examination of the issue of water encroaching over the monumented boundary of a non-riparian upland parcel, as dealt with at the 1912 trial of Volcanic Oil and Gas Co. v. Chaplin. The principles that are cited in the Canadian Encyclopedic Digest and in the Canadian Abridgement need no support, although the setting, the survey evidence and the legal reasoning which led to those principles must be understood. Familiarity with the doctrines of erosion and submergence should assist surveyors when confronted with similar fact situations. -Author
A research agenda is put forward for cadastral surveying, based on the two premises that it must shift away from a settlement ethic and that social considerations should no longer remain subservient to measuring. The agenda is founded on principles of inclusion and humanism, and includes 16 questions which focus on rights in, and responsibilities towards land and people. Answering the questions requires ideas and techniques from disciplines within the social sciences and the humanities.
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