Is a plan included in the description of land conveyed in a grant?
British Columbia, Canada
The following excerpt is from Kirkpatrick v. British Columbia (Registrar of Land Titles), 2002 BCCA 669 (CanLII):
When lands conveyed in a grant are described by reference to a plan, the description of the lands is a question of legal construction: see Grasett v. Carter (1884), 1884 CanLII 5 (SCC), 10 S.C.R. 105, per Strong J. at p. 114: When lands are described, as in the present instance, by a reference, either expressly or by implication, to a plan, the plan is considered as incorporated with the deed, and the contents and boundaries of the land conveyed, as defined by the plan, are to be taken as part of the description, just as though an extended description to that effect was in words contained in the body of the deed itself. Then, the interpretation of the description in the deed is a matter of legal construction and to be determined accordingly as a question of law by the judge, and not as a question of fact by the jury.
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