Location certificate
The location certificate is an essential document that includes a plan and a report outlining the main characteristics of a real estate property – its boundaries, the buildings located on the land, easements, and other real rights.
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FAQ on Location Certificates
Our land surveyors have compiled for you all the most frequently asked questions about the location certificate. Contact us for any other questions!
- What is legal surveying?
- What is the land register of Quebec?
- What is cadastral renovation?
- What is a location certificate?
- What does the location certificate contain?
- When do I need a location certificate?
- Is the location certificate mandatory?
- How long is a location certificate valid?
- Do I need to obtain a location certificate when selling a property?
- How much does a location certificate cost?
- Do I need a location certificate when selling a condo?
- I want to sell a portion of my property, how do I proceed?
- What is a vested right?
- What is a minor variance?
- Can I build a residence within the agricultural zone?
- Is it possible to conduct surveying in winter?
- Are boundary markers installed during a location certificate?
- Is my certificate up to date?
- Who can produce the location certificate?
- What should I do if I have lost my location certificate?
What is legal surveying
A term used to refer to the actions reserved for the profession of land surveyor, as prescribed by Article 34 of the Land Surveyors Act. Essentially, the land surveyor is the only professional authorized to determine property boundaries and land rights. They are also the only ones able to prepare and modify a plan in the land register of Quebec.
What is the land register of Quebec?
The land register is a public registry used to represent the properties and land rights of Quebec on a map. Its purpose is not to determine property boundaries; the boundaries represented therein have no legal value.
What is cadastral renovation?
Cadastral renovation is a major operation conducted by the government of Quebec since 1994, aiming to consolidate the various original land registers, separated into parishes, townships, cities, etc., into a single unified land register for the entire province.
What is a location certificate?
The location certificate is a legally binding document in which the land surveyor provides their professional opinion on the status of a property concerning property titles, cadastral documents, and laws and regulations affecting it. It is governed by the regulation on the standard of practice for the location certificate. This document can be used for the sale of a property or obtaining a mortgage. The location certificate should not be used to establish or determine property boundaries.
What does the location certificate contain?
The location certificate contains both a detailed report and a plan. The land surveyor is responsible for examining various elements that may impact the property. This includes verifying compliance with various municipal and governmental regulations, updating the land description, considering easements, constraints, and encroachments.
When do I need a location certificate?
This document, essential during a real estate transaction, should be reviewed as soon as possible to ensure its validity. It is recommended for the seller to verify the validity of their location certificate before putting their property on the market. This helps avoid unnecessary delays in the transaction, in case a new certificate is needed.
Is the location certificate mandatory?
The government of Quebec stipulates that the location certificate is required for any real estate transaction. Thus, it is an essential step for the purchase or sale of real estate in the province, whether it is a building or vacant land. The Civil Code of Quebec states that the seller must provide the buyer with a copy of the location certificate they possess.
How long is a location certificate valid?
No law or regulation defines the validity period of a location certificate. However, the older the document, the more likely the described situation has changed. Even if no changes have been made to the property, changes to laws and regulations can have several effects that will affect a future buyer. In general, a certificate less than 10 years old is required by real estate professionals.
Do I need to obtain a location certificate when selling a property?
Article 1719 of the Civil Code of Quebec stipulates that the seller is required to provide the buyer with a copy of the location certificate they possess. Mortgage creditors and notaries frequently require the production of an up-to-date location certificate. This is the best guarantee that the property is indeed compliant, but also that the buyer is informed of any non-compliant elements that may concern the building.
How much does a location certificate cost?
The price of a location certificate depends on various factors, including the location, the extent of the land, the buildings on it, or any restrictions affecting the property (flood zone, steep slope, watershed, risk zone, etc.). The Quebec Land Surveyors Association publishes a guide of suggested fees; the suggested price for a single-family home in an urban setting for the year 2024 is $1550 plus taxes.
Do I need a location certificate when selling a condo?
A location certificate can cover the private portion of a condominium building (Vertical Cadastre). It offers the same guarantees and is governed by the same regulation as for a horizontal property. This document concerns only the condominium (condo) being sold; the land surveyor does not study the entire condominium
I want to sell a portion of my property, how do I proceed?
To sell a portion of your property, a notary and a land surveyor must be appointed. The notary handles the sale of the said portion, while the land surveyor describes the portion using a technical description and makes the necessary changes to the land register of Quebec resulting from the transaction.
What is a vested right?
Concerning the practice of a land surveyor, the term vested right is often used to describe a derogatory situation that predates municipal regulations prohibiting it. The land surveyor is not a lawyer; they cannot determine the existence of a vested right.
What is a minor variance?
A minor variance is authorization by a municipality or city to regularize a situation deviating from its regulations. A minor variance cannot be granted for a deviant use or density of land occupancy. A minor variance application may be a solution to regularize a non-conforming element raised in a location certificate. A land surveyor can prepare or assist the owner in preparing a minor variance application.
Can I build a residence within the agricultural zone?
Residential use and subdivision of a property within the agricultural zone are prohibited. Certain situations provided for in the Act respecting the preservation of agricultural land and agricultural activities make exceptions. For example, Article 101 allows residential use and subdivision if it predates the adoption of the Act, while Article 103 allows the detachment of half a hectare (5,000 m²) of agricultural land containing a residence benefiting from a vested right. A land surveyor can prepare an application for verification of a right or an authorization request to the Commission de protection du territoire agricole du Québec (CPTAQ).
Is it possible to conduct surveying in winter?
Yes, we can achieve our goals despite sometimes difficult conditions. However, it is possible that some elements may not be included in our plan, as snow may have made them invisible during surveys.
Are boundary markers installed during a location certificate?
No, the physical identification of boundaries is not part of the objective or mandate of a location certificate. Another process must be put in place and can sometimes be carried out simultaneously; this is the surveyor’s certificate.
Is my certificate up to date?
The certificate must reflect the current state of the premises, which involves several elements that may have undergone changes over time. To be considered up to date, the certificate must include all constructions erected on the property, such as fences, buildings, hedges, or others. Additionally, it must reference the current regulations, particularly regarding zoning, landslide risks, and flood zones. It is also essential that it mentions the lot number corresponding to the current cadastre. It is recommended to consult the notary responsible for the real estate transaction. This professional can assess the adequacy of the provided certificate and conduct all necessary checks to ensure its validity.
Who can produce the location certificate?
This task is reserved for land surveyors, who operate under the auspices of a professional order. Only land surveyors are authorized to produce a location certificate, in accordance with the Regulation on the standard of practice for this document issued by the Ordre des arpenteurs-géomètres du Québec (L.R.Q., c. A-23, a.49, r.7.1).
What should I do if I have lost my location certificate?
If you have misplaced your location certificate, it is important to know that it is not as easily accessible as public cadastral documents. Unlike the latter, it cannot be obtained from a ministry or municipality. The only person authorized to issue a certified copy of this document is the land surveyor who produced it or the custodian of their registry if they have ceased practice.
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