Chapter 19: Legal Issues and Law Enforcement
Vertical air photos record situations that exist at a specific time and are particularly useful in recording changes if a sequence of photos of the same area exists. Property boundaries are difficult to define if they fall along a naturally changing feature such as a river channel. Three examples illustrate the legal problems that can arise.
Rivers have traditionally been used as boundaries between various administrative units: municipalities, counties, provinces, states, and even countries. However, they are unsatisfactory administrative boundaries because they change position over time resulting in ownership disputes.
19.13: Land Dispute on the Banks of the Assiniboine River, Southwest of Portage la Prairie, 1988 Photograph
Figure 19.13 is a 1988 air photo of the area and it can be seen that flooding did indeed occur. Dark-toned areas 10 south of the main river channel are inundated. The land expropriated by the Province included 59 acres of the accreted land, but the farmer was awarded compensation for the land shown on the original title (the shaded area on figure 19.11), that is, excluding the accreted land.[i]
Figure 19.13: Land Dispute on the Banks of the Assiniboine River, Southwest of Portage la Prairie, 1988 Photograph
Vertical air photograph: MB88003-6-240
Flight height: 15,900 feet a.s.l.; lens focal length: 152.670 mm
Scale: 1:30,000 (approx.)
Date: April 18, 1988
Location: as for 19.10 and 19.12
Map sheets: 1:250,000 62G Brandon
1:50,000 62G/16 Portage La Prairie
[i] For details of this case see “Chuckry v H. M. the Queen (Manitoba Court of Appeal), 1972”, and “Chuckry v H. M. the Queen (Supreme Court of Canada), 1973” in
[ii] Welsted, J. op. cit. 180-190.