Does a municipality have to register or deposit a plan of survey of a public road?

Alberta, Canada


The following excerpt is from Lacombe (County No. 14) v. L.V. Ranches Ltd., 1992 CanLII 6131 (AB QB):

The petitioner contends that where a municipality has acquired land for a road by agreement and the lands have been dedicated as a public highway, the failure to register a plan of survey of public road does not negate the dedication of the lands as a public highway. I agree. The case of Sibbick v. Blandford-Blenheim, supra, is quoted for that proposition. However, the Sibbick case does not say that once lands have been dedicated as public highway the road plan can then be registered, but only that the failure to register does not negate the dedication of the land as a public highway. This is found at p. 8 of the Sibbick decision where Justice Misener said: In my view however, the clear conclusion that the road was in fact laid out and maintained by statute labour and by the expenditure of public monies, and that it was used throughout by the public, gives rise to the prima facie presumption that the township acted in accordance with the law and that the legal requirement of a by-law was satisfied. I do not think that the failure to register the deeds or the failure to register or deposit the plan of survey of the road referred to in those deeds operates in the least to rebut that presumption.

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