Frequently asked questions
I want to sell
The certificate of location is a document consisting of a report and a plan, in which the land surveyor expresses his or her opinion on the current location and condition of a property in relation to the title deeds, the cadastre, and the laws and regulations that may affect it. The land surveyor conducts a property inspection of your property and can point out any problems or irregularities that could potentially jeopardize your future transaction, such as disputed property lines, encroachments on neighbouring properties, buildings that do not comply with municipal by-laws, significant limitations on the exercise of property rights, etc.
Obviously, the buyer, who is paying a large sum of money for the purchase of his house, wants to make sure that the building complies with the laws and regulations, the occupancy, the titles and the cadastre and that there will be no legal problems following the transaction.
In the case of a sale, even though the law does not force the seller to provide and pay for the certificate of location, there are good reasons to have this document as soon as possible.
For the land surveyor, proceeding with the preparation of a certificate of location corresponds to taking a picture of your property at a precise moment in time and drawing up a health check. As time goes by, the chances that your property undergoes modifications increase. Whether it is legal (e.g.: new regulations apply) or physical (e.g.: new encroachments, addition of a porch, hedge or demolition of a pool), any change is sufficient reason to request a new certificate of location.
One must know that the land surveyor and the notary, jointly, can rule on the validity or the nullity of the document.
Do not hesitate to contact them and discuss with them the need to prepare a new certificate of location.
To proceed with the preparation of a certificate of location is to take a picture at a precise moment of your property and to draw up its health check. As time goes by, the chances that your property undergoes modifications increase.
In general, a certificate of location can be good for several years. However, certain changes or modifications to physical elements (buildings, fence installations, hedges, etc.) or to legal elements (e.g. new regulations) could become sufficient grounds to require a new certificate of location.
In addition, in recent years, a cadastral renovation process has been initiated by the Ministry of Natural Resources and new lot numbers have been assigned to properties that have undergone cadastral renovation. This reason may also be sufficient to request a new certificate of location since the information in the new cadastre could affect the property boundaries. The buyer’s mortgagee will likely require a new certificate of location.
One must know that the land surveyor and the notary, jointly, can rule on the validity or the nullity of the document.
The price of the certificate of location can vary depending on several factors:
- The size of the property and the time required to survey it;
- The number of details to be surveyed (e.g. riparian protection strip, flood zone, etc.);
- The area;
- The surveyor’s office;
- Etc.
There is a fee schedule suggested by the Order of Land Surveyors, which is available online: https://www.oagq.qc.ca/ressources/guide-des-tarifs-suggeres/
The certificate of location is a document consisting of a report and a plan, in which the land surveyor expresses his opinion on the actual situation and condition of a property in regards to the deeds, the cadastre as well as the laws and by-laws that could affect it. The land surveyor must therefore make sure to collect all the information he will need to support his opinion on the position of the boundaries.
In general, it includes: buildings (main, accessory), fences, hedges, accessory buildings, right-of-way easements, flood zones, riparian protection strips, encroachments, illegal views and any relevant information that could affect your property rights and legal obligations.
It is quite possible that some physical elements do not appear on your certificate of location. The elements found on the plan accompanying the certificate of location must allow the land surveyor to rule on the current situation and condition of a property in relation to the titles of ownership, the cadastre, and the laws and regulations that may affect it. For example, main and accessory buildings, encroachments, occupancy marks, easements should generally appear on the plan. The sewage field and the elements under the ground are often not visible and are not surveyed during the surveyor’s visit. It should also be noted that the presence of snow during winter surveys can limit the surveyor’s vision. The latter can then investigate if he needs to or simply put a note to his report.
The certificate of location is a document consisting of a report and a plan, in which the land surveyor expresses his or her opinion on the current location and condition of a property in relation to the title deeds, the cadastre, and the laws and regulations that may affect it. Of course, each surveyor may have his or her own opinion. It is therefore quite possible that from one plan to another, if the information coming from the titles, the cadastre and the occupation are not certain and unequivocal, that there are differences in the measurements and surface. It will then be necessary to validate with the surveyor which arguments allowed him to establish his opinion.
Several owners have also noticed certain differences between the measurements and area mentioned in their certificate of location and the measurements and area shown on the renovated cadastre plan. In order to explain these differences, a more detailed property analysis, usually a new certificate of location, will be required. Sometimes, even if the measurements and area have remained the same, the position of the boundaries may have changed. This is one of the reasons why a notary or creditor will require a new certificate of location, even if the owner claims that “nothing has changed” on his property.
When you contract a mortgage, the preparation of a certificate of location is often a condition in order to obtain a loan and it might be difficult to avoid this condition. The creditor requires this document in order to ensure that there are no important risks that could affect the value of the property and put in jeopardy the mortgage warranty.
The certificate of location is a document consisting of a report and a plan, in which the land surveyor expresses his or her opinion on the current location and condition of a property in relation to the title deeds, the cadastre, and the laws and regulations that may affect it. The land surveyor then proceeds with a legal inspection of your property and will be able to warn you of any problems or irregularities that the mortgage creditor would like to know, for example, litigious property limits, encroachments on neighbour’s properties, non-conformity of a building, limitations in regards to the right of property.
This type of report must mention, among other things, the elements that may restrict the exercise of property rights, such as easements, flood zones or protective strips that may affect the property, as well as compliance with the regulatory provisions specific to the municipality where the property covered by the certificate of location is located.
Except in exceptional cases, such as a boundary report or a specific survey, the owner does not need to be on site for the surveys. Of course, at the client’s request, the surveyor can set up an appointment with the client if desired. For example, during a staking, a landowner may ask to be present to ensure that the staking is done properly.
Boundaries
When a land owner wants to know his property limits, three options are available: staking, friendly boundary determination (non formal boundary determination) or judiciary boundary determination (formal boundary determination).
Staking
The first possible option is a staking which involves all land surveying operations done by the land surveyor in order to mark on the ground, with the help of markers (iron), his opinion on the position of the limits of an existing or proposed property.
This operation is so-called unilateral, that is to say that your neighbours won’t necessarily be implicated in the procedure and that eventually they may contest the position of the markers installed in the framework of the operation. Even though the land surveyor performs his work according to the highest standards, there is no guarantee on the limits of property materialized on the ground.
Minutes of Boundary Determination
The second available option is the “friendly” boundary determination without formalities, which is an operation that consists of determining the dividing line between two adjacent lands and to identify said line with markers. The friendly boundary determination without formalities differs substantially from the staking operation since it allows you to guarantee the position of the limits of property on your land. This guarantee is possible because the land surveyor will have the neighbour(s) concerned sign a document. That is why we qualify the boundary determination operation as bilateral. It is through this signature that the limits will become permanent and irrevocable.
Judiciary Boundary Determination
Finally, the third available option is the judiciary boundary determination with formalities, which is a much more complex option that is normally appropriate when there is a significant uncertainty on the position of the limits of property or when there is a major dispute with one or more of your neighbours. If this is your situation, it is preferable to communicate with the land surveyor to obtain all the explanations relating to this procedure. A friendly boundary determination with formalities may also be called a “judicial boundary determination” when the courts must intervene as, for example, in the case where two neighbouring owners are in a dispute to such a point that they do not really agree on the choice of a land surveyor. In such a situation, the owners may apply to a judge of the Superior Court in order that he/she chooses a land surveyor for them. In this case, we will be talking inevitably of a judicial boundary determination.
Physical Appearance of the marker in the case of a Staking and a Boundary determination
It is important to know that the landmark planted in the ground at the corner of your land has the same appearance as that deriving from a staking or a boundary determination. In both cases, it is generally a metal rod surmounted by a plastic medallion (often red in color) on which the name of the land surveyor is registered. In summary, and this until there is a change in the regulations, what distinguishes a marker from a staking and a boundary determination, is the choice of the survey operation that justifies the presence of this landmark planted at the corner of your land, and not its physical appearance. The staking operation being much more frequent than that of a boundary determination operation, there is a good chance that you should use the expression “my surveying marker” when you talk about the objects planted in the corners of your land whose purpose is to mark the position of the limits of your property.
Do not hesitate to call the land surveyor and discuss with him the delimitation process that suits you best.
It is important to know that the purpose of the certificate of location is not to delimit the property limits on the land, but rather to allow the land surveyor to express his opinion on the current situation and condition of the property in relation to the property titles, the cadastre and the laws and regulations that may affect it. Thus, it would not be justified to use such a document to mark the boundaries of one’s property. Moreover, the owner acting in this way could not justify himself by referring to the certificate of location since the latter was not prepared for such a purpose. In order to be able to physically refer to the correct property lines for the alignment of your fence, a staking certificate is the ideal tool.
Survey markers, commonly referred to as “monuments”, placed as part of a duly published staking or survey record, may have disappeared. These “monuments” may have been removed as a result of work performed in the vicinity of a monument or may have disappeared for some other reason.
However, the fact that such a marker has physically disappeared from the land does not mean that the opinion that a Minute of Limitation no longer exists and it is still possible to replace the markers. In fact, the boundary report is a document published in the land register which includes a report and a plan showing the position of the boundary stones by means of links to various physical and/or cadastral elements.
Similarly, it will be possible to re-evaluate the installation of a marker that would have been installed under a staking certificate.
If you believe that you have lost the markers defining a common boundary with your neighbor, do not hesitate to call your land surveyor for advice on the procedures to follow.
There are provisions in the Civil Code of Quebec and even in the Criminal Code of Quebec prohibiting anyone from removing or moving boundary markers. Thus, if you believe that a person with ill intent has voluntarily moved the boundary markers of your property, you will have the possibility of initiating legal proceedings. However, before getting to that point, do not hesitate to contact your legal advisor or land surveyor so that he or she can guide you in your efforts to have the boundary markers replaced.
According to the Standard of Practice for Staking and Laying Out Regulation under the Land Surveyors Act, section 8, ” Where the surveyor’s investigation confirms his opinion that the placing of markers would be likely to disturb possession, he shall cease his demarcation operations and draw up a plan accompanied by a written report which he shall deliver to the client or his principal. “
Thus, a land surveyor who notices that the installation of markers could lead to a conflict or an obvious disagreement on the part of one of the two neighbors must stop his work and investigate with them. Following his investigation, he will have a better idea of the neighbors’ intentions and will be able to justify his actions.
A person who disagrees with the position of benchmarks set by a surveyor should first contact the surveyor. If no compromise can be established, it is always possible to contact the Ordre des arpenteurs-géomètres du Québec (OAGQ) for more information.
If there is no landmark between your properties and you wish to physically demarcate your boundary on the ground, then a friendly boundary report would be the best solution. This option is also an effective way to avoid conflicts that could lead to more expensive and time-consuming legal proceedings. A discussion with your land surveyor will allow you to validate which options are available to you.
Articles 2917 to 2920 deal with acquisitive prescription. Under article 2918, ” A person who has possessed an immovable as owner for 10 years may only acquire ownership of the immovable by judicial demand. ” To “possess” and produce the effect of possession, it must be peaceful, continuous, public and unequivocal. These four conditions must be demonstrated by means of evidence, witnesses or other documents that will be assessed in court.
Thus, it is not the simple fact of occupying a parcel of land for 10 years that leads to prescription and the right of ownership. It is also necessary to prove the four conditions of possession during the 10 years.
Except in exceptional cases, such as a boundary report or a specific survey, the owner does not need to be on site for the surveys. Of course, at the client’s request, the surveyor can set up an appointment with the client if desired. For example, during a staking, a landowner may ask to be present to ensure that the staking is done properly.
The process of cadastral renovation consists of surveying the land and making the necessary calculations to produce a new global plan. This process does not require the installation of new markers and the delineation of new lot numbers on the land. A staking certificate will have to be prepared by a land surveyor in order to validate the information of the renovated cadastre and to set new markers to delimit your land.
Are you planning a renovation? May it be for your house, your commercial building or any other type of building, the following explanations will help you understand the implication of the land surveyor in your project and the documents you will need.
In the case of a building modification, it is possible that some of the following steps might not be mandatory for the realisation of your project. In order to know the requirements applicable to your situation, it is recommended that you directly contact your municipality as well as your land surveyor.
Such a project can be divided according to three successive stages with the following objectives:
- Verify the feasibility of your project and obtain approval from your municipality: you will need a Site Plan;
- Proceed with the implementation of the projected constructions on your property and certify the operation: we will have to proceed with the implementation and issue you a Site Certificate.
- Verify the conformity of the work once the constructions are erected, either by the municipality or by the mortgagee: you will need a Certificate of Location.
All municipalities have a planning by-law that governs the conditions necessary to obtain a permit, whether it be a construction or renovation permit. The City Inspector and Planning and Permitting Officer may have reason to believe that some of the features shown on the old plan have changed or are simply not apparent and would like a more recent “picture” of the condition. It is important to detail your project to the surveyor in charge of the file so that he can direct his surveys to produce a plan that will exactly meet the inspector’s expectations and so that he can rule on the legality of the project and issue the permit accordingly.
Are you the owner of a vacant piece of land or will be shortly? Here are the explanations that will help you to understand the involvement of the land surveyor as well as the work and the necessary documents that will enable you to complete your project.
Such a project can be divided according to three successive stages with the following objectives:
- Verify the feasibility of your project and obtain approval from your municipality: you will need a Site Plan;
- Proceed with the implementation of the projected constructions on your property and certify the operation: we will have to proceed with the implementation and issue you a Site Certificate.
- Verify the conformity of the work once the constructions are erected, either by the municipality or by the mortgagee: you will need a Certificate of Location.
All municipalities have a planning by-law that governs the conditions necessary to obtain a permit, whether it be a construction or renovation permit. An appointment with the person in charge of urban planning or the municipal inspector of your municipality could enlighten you on the documents required to carry out your project. In addition, he or she may advise you of any other conditions specific to your sector. Finally, depending on the document requested, he or she will refer you to the right professional. If a site plan or a location plan is required, it will be your land surveyor.
If you own a large enough piece of land, it may be possible for you to divide it into two or more parts so that you can resell them later to others. However, the division of a piece of land cannot be done in an improvised manner. Indeed, several restrictions may exist and thus limit your freedom as an owner. Indeed, there may be a variety of restrictions on your property that must be taken into consideration. These restrictions may come from municipal by-laws, restrictions under the Cultural Heritage Act or the Act respecting the protection of agricultural land and activities. These are just a few examples.
In addition, if your current property is located within a territory that has undergone cadastral renovation, it will be impossible to divide your property without registering each of the new parts, i.e., having a cadastral plan prepared to give each of them a new number. Any new cadastral plan must be approved first by the municipality and then by the Cadastral Service of the Ministry of Natural Resources and these approvals trigger the payment of certain fees.
In addition, it is important to know that any division of a lot is likely to trigger the imposition of park fees by the municipality. Sometimes, the amount required can be relatively high and thus affect the financial profitability of the contemplated operation.
In view of the above, it is recommended that you consult a land surveyor before proceeding with the division of your property in order to have an accurate and real picture of the possibilities available to you, the obligations that concern you and the inherent costs.
In order to proceed with the sale of a parcel of land, a cadastral plan must generally be drawn up to define the parcel to be sold. This process applies in a territory that has been subject to cadastral reform. In the case of a sale of a portion of land in a territory that has not undergone cadastral reform, a technical description may suffice to prepare the contract of sale. In both cases, it is quite possible that the land surveyor in charge of the file will have to carry out field surveys in order to validate the information in the cadastre or to identify the physical elements defining the area to be detached.
The phenomenon of condominiums (commonly called condos) has grown quite rapidly in Quebec over the last few years. Owners see many advantages in co-ownership, which explains this growth. The constitution of a condominium requires many legal steps. Note that this type of ownership is not only reserved to new construction. In fact, it is still possible to convert an existing building (e.g.: a building with apartments) into a condominium. This is referred to as a “condominium conversion”. To create a condominium, it is essential to consult a land surveyor who will analyze the feasibility of your project with you.
A favorable decision from the Quebec Housing Authority will be necessary in order to obtain a conversion permit to go from apartment to condo. A favourable decision from the Tribunal administratif du logement will be required in order to obtain a permit from this organization to convert your building to divided co-ownership. If the creation of a condominium is possible, the land surveyor will have to prepare all the cadastral plans required and adapted to this type of situation. Together with the notary, the land surveyor can help you establish what will be considered common portions, common portions for exclusive use or exclusive portions. He or she will also advise you on the establishment of the boundaries separating each of them.
I am refinancing my mortgage
The Act Respecting the Protection of Agricultural Land and Agricultural Activities contains various provisions that allow for the severance and sale of certain portions of agricultural land. For example, a landowner carrying on a residential or commercial activity prior to the coming into force of the said Act may, without the authorization of the Commission, sell a portion of the land being used for purposes other than agriculture. The maximum area allowed for a residential acquired right is 5,000 square meters and 10,000 square meters for a commercial acquired right. It is of course possible to sell the entire property without the authorization of the commission and sometimes larger areas depending on the case.
In addition, the Commission de protection du territoire agricole has established, in harmony with the MRCs and municipalities, zones of unstructured blocks, which although still part of the agricultural territory, are now subject to municipal regulations and the applicable subdivision by-law. A consultation with your land surveyor could allow you to verify if part of your land is located in a destructured island.
Do not hesitate to present your project to your land surveyor so that he may guide you in your project.
Sections 101 to 105 of the Act respecting the protection of agricultural land and agricultural activities provide the mechanisms governing acquired rights in agricultural land. In general, an acquired right exists when a use existed before the coming into force of a law. If you believe you have an acquired right, do not hesitate to contact your land surveyor to validate the information with him.
In recent years, environmental standards governing development projects have become increasingly stringent and municipalities have had to adapt to the provisions of the Environment Quality Act. There are several biologist firms that can identify existing wetlands or areas at risk on your property. Under sections 22 and 32 of the Act, the Department may require any document or plan necessary to understand the project and its environmental integrity in order to issue the necessary permits.
The cadastral renewal was put into place in order to update the land registry, which exists since 1860, is incomplete and contains uncertainties. The Ministry therefore started the confection of a new cadastral plan where each property will be correctly represented. The establishment of this plan and the work associated with it was given to private land surveying firms. The owners do not have to pay for the work.
The 6th of May, 1992, the Quebec government gave to the Natural Resources Ministry the mandate to establish a cadastral renewal program. The objective: actualize the Quebec cadastre by representing on a numerical plan all of the 3,5 million private properties counted on the territory.
In order to bring this huge project to an end, the Quebec cadastral system was re-engineered from a legal, technical, methodological and financial point of view. Furthermore, the Ministry has put into place a system based on a reference system to manage all cadastral information. Consequently, the Ministry implemented a quality control system, where most of it is automatized. This system ensures the coherence and integrity of the information, at the best possible quality/cost ratio. In addition, since the plan is numeric, the Ministry can diffuse the information on the internet.
The objectives of the cadastral reform:
- Constitute a complete picture of the land ownership, which will become the tool for property representation and land registry publication.
- Ensure the continuous update of the cadastre, so that every new division or parcel creation will be identified on the cadastral plan before being the subject of a land registry publication.
- Ensure the versatility of the cadastre, which must be superposed to other thematic maps (administrative region maps, electoral circumscription maps, municipalities, topographic, evaluation, public services, etc.)
The process of cadastral renovation consists of surveying the land and making the necessary calculations to produce a new global plan. This process does not require the installation of new markers and the delineation of new lot numbers on the land. A staking certificate will have to be prepared by a competent land surveyor in order to validate the information of the renovated cadastre and to set new markers in order to delimit your lot.
Migué & Fournier Arpenteurs-Géomètres inc. is enhancing its airborne drone survey services with a business partnership with the Granby-based firm Drone Diffusions Inc.
Drones are getting more widely known by the public and the applications and uses for this tool are in expansion sowe now offer our clients this service in order to benefit from it. Possible fields of application:
- Residential
- Commercial
- Industrial
- Agriculture
- Mining
- Surveillance videos
- Photogrammetry
- Volumes and numerical terrain models
- Orthophotography
- Etc.
A land surveyor is a professional in land measurement and land law. In addition to helping you determine the boundaries of your property, he or she consults municipal by-laws and laws to inform you of any particularities that may affect your property. He will also determine if there are any easements that may limit certain developments.
An easement can be defined as a right that a third party has over your property. For example, it may be the right of access to Hydro-Quebec facilities on your property. This means that you may not be able to erect a permanent structure (pool, shed, garage, etc.) on part of your property. Several types of servitudes exist.
Some examples of easements are :
- Easement of view
- Servitude of passage
- Drainage easement
- Easement for the drawing of water
- Non-construction easement
Other possible constraints
Various types of constraints may affect the developments you plan on your property. They may be constraints associated with risks related to the natural environment, but also anthropogenic constraints. These constraints are generally identified during the surveyor’s study of government and municipal laws and regulations.
Some examples of constraints:
- Riparian protection strips
- Zones at risk (landslides, flooding, steep slopes, etc.)
- Zoning related to historical and cultural heritage
- Agricultural zoning, mineral rights, etc.
- Other zoning and urban planning standards (heights, distance from the road, setback from neighbors, urbanistic style, etc.)
Source : Ordre des arpenteurs-géomètres du Québec
A certificate of location prepared by the land surveyor will allow you to visualize the easements that may affect your property, and the report will inform you of the nature of these constraints.
To better understand the vocabulary used by land surveyors, consult this lexicon of land law and geomatics.