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Real estate law

Examination of the property title search

After carrying out the necessary title search, your notary is in a position to guarantee that title to the property will not be contested.

First, his search consists in verifying such things as 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 accordance with municipal by-laws and zoning regulations

• the neighbour’s property encroaches on the lot

• the windows conform to legal standards

• rights of way exist.

Finally, from his title search, your notary will be able to detect any charges or real rights likely to affect or limit your right of ownership, such as hypothecs, seizures, judgements, servitudes, etc.