Whitehorse city officials have to adhere to an 1899 land survey in Marwell because it's the law, says a federal surveyor.

In a recent interview with the Star, Brian Thompson, of Natural Resources Canada's cadastral services, said reviewing surveys is all part of the land planning process.

A Marwell land boundary decided in 1899, he said, is still fixed today, and government officials have to adhere to that boundary.

'It's enshrined in case law,' he said. 'The boundary is fixed.'

Thompson said in the case of Lot 16 Marwell, the location where Northern Division Development Corp. plans to develop 47 industrial lots, the original lot boundary was created 30 metres from the 1899 high water mark and that water mark has since changed.

As a result, the property's boundary, he said, is on the edge of the Yukon River.

'The boundary will eventually end up in the river, but it's not there yet.

'The original high water mark is now in the river,' he said. 'I'd be interested in finding out what will happen when the boundary extends into the river ... there's no question it's going to end up in the river.'

Thompson said there are other locations, including along the city's waterfront area on land that's owned by the government, where property lines have crossed over the water line.

Northern Vision's application to subdivide Lot 16 follows a subdivision approval by city council last December.

December's ruling by council was for 34 lots, but after becoming informed of the 1899 survey, a subdivision revisal was lodged with the city to expand the subdivision to 47 lots.

As a result, according to council documents, the normal 30-metre setback from the water's edge will not occur and Northern Development will instead include a 10-metre public walkway next to the river.

Mayor Ernie Bourassa said recently the city will have little choice but to approve the 47-lot application.

Lewis Rifkind, a spokesperson for the Yukon Conservation Society, said last week he was disappointed with the loss of the 30-metre setback because it was an important environmental protection tool.

Rifkind said he hopes council will quash the application and keep to the 30-metre setback.