Why do you need to update a certificate of location? Lets say that you are selling your house and the last time you had a certificate of location done was 10 years ago. In the meantime, youve put in a pool, added a cabaa and a deck. These changes must be represented on the certificate in order for the title to be clear. This certificate of location will be transferred to the new owners.

Whos job is it to pay for the land surveyor services for a certificate? The Quebec by-laws state that any party may pay for it, whether it be the vendor or buyer. Typical practice is usually the vendor who pays for it. After all, the certificate is there as protection for the vendor.

There are a lot of things that may affect a change in the certificate of location:

• Lines of electricity & telephone

• Sewers, septic tanks and wells

• Aqueducts

• Changes in zoning and by-laws

• Encroachments, such as renovations on the neighbours property

• Environmental laws

• Right of ways and illegal views

An original copy of the certificate of location is to be presented to the notary and possibly the hypothecary lender. The agent usually will not receive a copy. The notary will do the title search closest to the signing date as possible. This will give the current owner time to rectify any business, such as a lean etc.

The certificate of location is a private document that is not registered and is of the opinion of a professional land surveyor. This document may be disputed in courts. Be prepared for a costly battle and to hire another professional land surveyor.

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