5. The exclusion of sidewalks, driveways, landings on RPRs cannot be used as a reason
to refuse the document as long as the RPR was completed in accordance with the Alberta
Land Surveyor's Manual of Standard Practice at the time the RPR was surveyed.
RATIONALE: Although some surveyors include driveways, sidewalks, or small sheds
and other minor improvements on the RPRs they complete, it is not strictly something
that must be shown according to their practice standards. It should not therefore be
something that must be shown if it is not necessary in the opinion of the surveyor. If a
situation exists where the Seller has added a sidewalk or driveway or other minor
improvement which obviously is not a compliance issue, then they might simply
indicate so on their Stat Dec when they provide it to the Buyer.
6. The provision of an RPR, which was completed at the construction stage, shall not in
and of itself be deemed not to comply with the requirements of the Purchase Contract if
the RPR shows all of the current improvements as contemplated in the Contract.
RATIONALE: It seemed to the Committee that the words "construction stage"
should not render an RPR invalid as long as the depiction of the property is still
accurate even several months later. An RPR completed at "foundation stage" is a
different matter in most cases because important developments such as the eaves
were not finished at the time the RPR was made.
7. The removal of an improvement shall not necessitate an RPR update. If the
improvements have not been removed, but have been otherwise altered or modified or
enlarged, then an update of the RPR shall be required.
RATIONALE: If a Seller had an RPR with compliance showing a deck or a fence on
it and that fence or deck has now been completely removed, there could not logically
be any compliance issues arising for the Buyer as there is no development in
existence. Again, the Seller could simply indicate as such in their Stat Dec when they
provide the RPR to the Buyer.
8. All fences in urban areas must be shown on an RPR if they appear to define a
boundary, regardless of who constructed the fence or whether the fence is actually on the
property line.
RATIONALE: The Committee felt that the issue of fencing is fundamental to the
RPR because it is recognized in paragraph 7.6.9 of the ALS Manual and gives the
Buyer an accurate portrayal of where their actual property line lies in relation to the
fences which have been constructed.
9. A Certificate of Compliance on an RPR does not guarantee that there are not other
building location issues that may need to be addressed. Also, if an unpermitted
Encroachment exists from the Seller's property into neighboring lands or municipal
lands, the Seller's lawyer shall use their best efforts to resolve the matter.