Boundaries Confirmation
Service New Brunswick
Overview
If you own land in New Brunswick and you are unsure of the location of the boundaries of your land, or if this boundary line is the object of contention with an adjacent landowner, one of the options available to you is an application under the Boundaries Confirmation Act of New Brunswick. This is a quasi-judicial process to resolve a boundary dispute instead of the option of proceeding to court. The Registrar General of Land Titles of New Brunswick is tasked with hearing the parties to establish the location of the land boundary in dispute.
The Application fee is $400.00, paid by the Applicant(s) to Service New Brunswick. And as per subsection 20(1) of the Boundaries Confirmation Act, the applicant(s) must cover all costs, charges or expenses of the application and the hearing. This represents $1,100.00 of transcription cost (which is required by the Act) for the first half day or hearing, and a fee of $1,500.00 per every following half day of hearing. Please note that these expenses do not include survey or lawyer fees, for which the parties are responsible. On average, a typical hearing lasts half a day.
The Applicant(s) must appear with a surveyor, appearing on their behalf, to attempt to confirm one boundary. To initiate the process, Form 1 will have to be submitted and is found at the following link: http://laws.gnb.ca/en/resource/cr/95-166_en_001_001.pdf.
Along with the Application via Form 1, the Registrar General will also ask that the requirements of sections 3 and 4 of Regulation 95-166 of the Boundaries Confirmation Act be complied with in terms of what is required to proceed to a hearing as a result of the Application. More specifically, the surveyor for the Applicants will have to comply with the checklist at section 3 of the Regulation in question. Enclosed you will find the link to the Boundaries Confirmation Act and its appurtenant regulation 95-166.
The Act
https://laws.gnb.ca/en/showfulldoc/cs/2012-c.101//20201228
The Regulation
https://laws.gnb.ca/en/showfulldoc/cr/95-166//20201228
We suggest that you read the Act and regulations before deciding to proceed. The first item on the checklist is the plan used to outline the boundary to be adjudicated on. You and your surveyor must agree on that desired boundary prior to appearing at the hearing. If you and your surveyor do not agree as to its location, then this application cannot proceed.
Although parties do not have to be represented by a lawyer during the hearing, we remind the parties involved that this is a quasi-judicial process. And please bear in mind that if the objectors decide to contest this application, they may be represented by a lawyer at the hearing or during this whole process.
The evidence at the hearing is either sworn testimony at the hearing or through affidavit evidence. Parties can object to evidence submitted at various stages of the hearing, whether valid or not (which the Registrar General will decide on), and the Registrar General can also introduce evidence and examine and cross-examine witnesses/parties themselves, and the Registrar General can also summon witnesses to testify.
Please note that this quasi-judicial process takes months to unfold, following the receipt of the Application, the Objection, the hearing and the writing of the decision following the hearing.
Eligibility
Pursuant to the Boundaries Confirmation Act of New Brunswick’
Description
Pursuant to the Boundaries Confirmation Act of New Brunswick’
Fees
Unless otherwise specified, Fees exclude the harmonized sales tax (HST).
| Fee Description | Rate in $ | Effective Date YYYY-MM-DD | |
|---|---|---|---|
| Application | 400.00 | 1996-01-01 | |
| Transcript of evidence (for the first half day) | 1100.00 | 1996-01-01 | |
| Additional fees (per every following half day) | 1500.00 | 1996-01-01 | |
| Contact Information | Location | |
|---|---|---|
| Contact SNB (Payment Only) | [email protected] |