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

4.9 Abstract for Lot 8, Reg’d. Plan 779 (see Tab 59 for copies of Abstract, Instrument and PIN)
Following the same line of reasoning as under Section 4.8, I also obtained the Abstract and PIN
for Lot 8, Reg’d. Plan 779. This plan is different from Reg’d. Plan 757 in that there is no
identified parcel of land lying between the surveyed ‘High Water Mark’ and the water’s edge.
Therefore, some of the distinguishing facts from Ellard do not apply. However, an examination
of at least one of the lots was considered essential.
Lots 1 to 3 clearly never had any frontage to the lake, while a small portion of lot 4 and the
remaining lots all had some exposure to the lake according to Reg’d. Plan 779. By virtue of this
survey Lot 14 will be the first lot without the influence of the Road Allowance between Lots 18
and 19 in front of it. I chose Lot 8 as being indicative of all regular lots within this subdivision.
Lot 8 is held under PIN 58394-0078. There is no mention of an easement over Lot 8, or in favour
of Lot 8 over the portion of Lot 18, Concession lying in front of Lot 8.
In his review of Title documents for Boundaries Act File B-1212 (Dies), referred to below at
Section 6.4.7, O.L.S. Stewart refers to a number of Quit Claim Deeds. Since they give insight into
the history and the understanding about ownership I obtained and reviewed them. Inst. 21050
(Frederick T. Stott (developer of Reg’d. Plan 779) to Anne O. White, George V. Stott and John E.
Stott) dealt with the portion of Lot 18, Concession 7 lying east of Reg’d. Plan 779. No mention is
made of the land lying west of the subdivision plan.
Inst 788360 (by George M. Stott, executor of estate of George V. Stott, Ann White and John Stott)
transferred parts of Lot 18, Concession 7 lying between Reg’d. Plan 779 and the water’s edge of
Nottawasaga Bay to the Corporation of Township of Tiny.
Two Quit Claim deeds (1335867 and 1335868) were registered in 1983. These were executed by
the Township of Tiny to the owners of Lots 78 and 79 for the land lying in front of these lots,
between the subdivision and Nottawasaga Bay. The wording in the documents indicates that they
were intended to remove any cloud on Title that Inst 788360 might have caused, and make
specific reference to the Rowntree Beach Association case.
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