title search
After carrying out the necessary title search, your notary is in a position to guarantee that the title to the property will not be contested. First, the research consists of verifying whether:
- The vendor is the true owner of the property
- The vendor has the right and capacity to sell it
- The vendor’s spouse or other persons must consent to the sale
With the aid of a certificate of location, your notary then verifies whether:
- The dimensions of the lot are correct
- The buildings have been properly erected on the lot to be sold
- The dwelling has been built in compliance with municipal by-laws and zoning regulations
- The neighbour’s property encroaches on the lot
- The windows conform to legal standards
- Existing rights of way,
Finally, from the title search, your notary will be able to detect any charges or real rights likely to affect, limit or devalue your right of ownership, such as hypothecs, seizures, judgments and easements.
Source: Chambre des notaires du Québec