Boundary marking (Bornage)
Unlike staking, boundary marking permanently and irrevocably establishes the boundary between two properties. This operation is often carried out in the event of a dispute between neighbours as to the "boundary" between the two properties. Boundary marking can be done amicably or ordered by a court of law. Boundary marking operations are governed by articles 977 and 978 of the Civil Code of Quebec and by articles 469 to 475 of the Code of Civil Procedure of Quebec.
The act of demarcation gives the land surveyor full latitude to act as a public officer and expert of the Court. As such, he is empowered to investigate and to summon witnesses.
At the end of his work, the land surveyor issues a reasoned opinion as to the boundary he considers the most appropriate.
The land surveyor sets the boundaries and draws up the boundary report which is signed by the parties and himself. The minutes of the boundary settlement are then published at the Bureau de la publicité des droits and are binding on the parties and their successors.
If there is a dispute, the matter may be brought before a judge of the Superior Court.