Report of Research, Field Investigation and Survey of Robert D ...

The mounted original in the Land Registry Office for Simcoe County is in colour and the portion
shaded gray on my copy coincides exactly with the area coloured blue. The Beach area is white,
as is the case on the scanned copy I obtained.
4.7 Reservation in Patent
In the Crown Patent to John Goesmann for Broken Lot 18, Concession 7, there is a one chain
(20.12m) reservation for road allowance with free access to the beach for all vessels, boats and
persons. In Boundaries Act File B-1176, this has been interpreted as being along the shore of
Nottawasaga Bay, and measured from the estimated contour of the water’s edge as it existed at
the time of the Crown Grant (175.9 IGLD 1985). (See Plan BA2624, Stewart Provisional BA
Plan and paragraph 6.4.7 for further details).
4.8 Abstracts for Lots 1, 20 and 42, Reg’d. Plan 757 (see Tab 60 for copies of Abstract,
Instruments and PINs)
In the Ellard case, which has a ‘Sand Beach’ area shown on the plan, access easements in
favour of the non-beachfront lots had been registered. This became a significant factor in trying
to understand the rationale of the developer. Since Reg’d. Plan 757 has a similar fact situation I
thought it might be helpful to consider the Abstracts for a random sampling of the subdivision
lots to see if a similar easement arrangement had been made.
Lots 1 and 2 are presently held under PIN 58394-0092. The PIN has an easement registered
against it, over Part 1, Plan 51R-10058, in favour of the owners of Lots 41 and 42, Reg’d. Plan
757 by Inst R01238027, dated Nov. 3, 1993. This easement is obviously much later in chronology
than the registration date of the subdivision. Also, since it only applies to Lots 41 and 42, it can’t
be part of an overall plan to provide access to all of the back lots.
Lot 20 is presently held under PIN 58394-0109. No easements are reflected on the PIN, nor on
the underlying Abstract.
Lot 42 is presently held under PINs 58394-0124 and 58394-0002. PIN 58394-0002 is a 2.44m
wide strip from the west side Lots 23 through 42 for a road widening and is owned by the
Township of Tiny. PIN 58394-0124 comprises the remainder of Lot 42 and is the beneficiary of
an easement over Part 1, Plan 51R-10058 by Inst. R01187497.
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