Right of Way Surveys

What is a Right-of-Way Survey?

A Right-of-Way Survey focuses on identifying, mapping and documenting the legal boundaries and extent of a right-of-way. Right-of-Way Surveys are essential for infrastructure projects, such as roads, highways, railways, pipelines, and utility corridors.

What is a Right-of-Way?

It's important to understand what a right-of-way is. It's not necessarily a physical road or path, but rather a legal right allowing someone, usually a utility company, government entity, or another landowner, to access and use a portion of another's property. This access can be for various purposes:

• Utilities: Power lines, water pipes, sewer lines, gas lines, fiber optic cables.
• Roadways: Access for public roads or private driveways.
• Pipelines: Oil, gas, or other liquid transportation.
• Drainage: Allowing water to flow across a property.
• Access: Allowing passage across a property to reach another property.

Steps in Crafting a Right-of-Way Survey

Creating a Right-of-Way survey is a detailed process performed by a licensed Alberta Land Surveyor. Here's what it typically includes:

1. Record Research: The surveyor begins by thoroughly researching public records, deeds, easements, and other legal documents related to the property and the right-of-way. This helps determine the history and legal basis of the Right-of-Way,.
2. Fieldwork: (Physical Survey) The surveyor physically visits the property and uses specialized equipment (total station, GPS) to:
   • Locate and mark the boundaries of the right-of-way. This often involves finding existing markers, monuments, or referencing descriptions in legal documents.
   • Measure the width and length of the right-of-way.
   • Determine the location of any improvements or features within the Right-of-Way, (e.g., utility poles, pipelines, fences).
   • Identify any encroachments – situations where something extends beyond the defined Right-of-Way, boundaries.
3. Mapping and Documentation: The surveyor creates a detailed map (plat or drawing) that accurately depicts the following:
   • Property boundaries.
   • The exact location and dimensions of the right-of-way.
   • Any easements, utilities, or other features within the Right-of-Way,.
   • Any encroachments.
   • Relevant legal descriptions and reference information.
4. Report Creation: The surveyor compiles a report summarizing the findings of the survey, including a legal description of the Right-of-Way, the surveyor’s certification, and any relevant documentation.

Right-of-Way of Way Surveys Necessary?

Government entities, utility companies, property owners and developers, need Right-of-Way surveys for:

• Establishing Clear Boundaries: Determines the exact location of the Right-of-Way, preventing disputes with landowners.
• Infrastructure Projects: Essential for planning and construction of utilities, roads, pipelines, and other infrastructure.
• Title Insurance: Needed to ensure clear title to land and resolve any potential issues related to easements or rights of way.
• Property Transactions: Helps buyers and sellers understand the rights and limitations associated with a property.
• Legal Disputes: Provides evidence in resolving boundary disputes or easement conflicts.
• Compliance: Ensures projects comply with local, provincial, and federal regulations.

Frequently Asked Questions

Do you survey and mark Right-of-Ways?

Yes, we survey and mark any boundary including right-of-ways.

How do I know if I have Right-of-Ways on my property?

Properties vary greatly in the number and location of right-of-ways, you will need to contact an Alberta Land Surveyor to discuss your specific property.

Am I allowed to build in Right-of-Ways?

In most cases it is not advisable to build in a Right-of-Way.