One of our favourite notaries once said, “I’ve been in this business for thirty years, and none of my clients has ever bought a house.” Counterintuitive, perhaps, but absolutely accurate. In fact, it’s impossible to buy a house – what a buyer is actually purchasing is the land on which the house sits – the house is just a bonus. If the house were the object of the transaction, it would be easy to know exactly what’s being purchased - anything contained within the four walls is yours! But since the buyer is buying the LOT, not the BUILDING, it’s not as clear exactly what’s being sold. That’s where the Certificate of Location comes in.

The certificate of location is the document that describes the exact state of the property that is being sold. It is drafted by a professional surveyor, and needs to be updated whenever it no longer describes the property in its present state – for instance, when a pool is installed or when a deck or landscaping is reconfigured. In addition, a certificate that is older than ten years is no longer accepted by notaries, and will have to be updated.

The certificate not only describes the property in question, it also lists any legal restrictions on that property. These servitudes might be in favour of Bell Canada or Hydro Quebec, or more rarely, may be in favour of a neighbour, the City or the Province. In addition, for properties close to the lake, the certificate will indicate statistical high water marks, which are generally areas of the property in which no construction is permitted.

Even if you’re not planning on moving any time soon, the brokers at Deakin Realty have extensive experience with these complicated documents, and would be happy to help you understand yours. Don’t hesitate to ask us for help!