Frequently asked questions
The certificate of location is a document comprising a report and a plan, in which the land surveyor expresses his opinion on the current situation and condition of a property in relation to the title deeds, the cadastre, as well as laws and regulations that may affect it. The land surveyor carries out a property inspection of your property and can point out any problems or irregularities that could possibly jeopardize your future transaction, such as, for example, disputed property limits, encroachments on neighboring properties, buildings not in compliance with municipal by-laws, significant limitations with regard to the exercise of the right of ownership, 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 the sale of your property, even if the law does not necessarily oblige the seller to provide and assume the costs relating to the preparation of this document, there are still good reasons to have this type of document as quickly as possible.
For the land surveyor, preparing a certificate of location means taking a photo at a specific time of your property and drawing up its health report. The more time does its work, the more the property is likely to undergo changes. Whether on a legal level (i.e. new regulations apply) or on a physical level (e.g. new encroachments, addition of a gallery, a hedge or the demolition of a swimming pool), any change is sufficient reason to request a new certificate of location.
You should know that the land surveyor and the notary, jointly, can rule on the validity or expiry of this document.
Do not hesitate to contact them and discuss with them the need to prepare a new certificate of location.
Proceeding with the preparation of a certificate of location corresponds to taking a photo at a specific time of your property and drawing up its health report. The more time does its work, the more the property is likely to undergo changes.
In general, a certificate of location can be good for several years. However, certain changes or modifications to the physical elements (buildings, fence installations, hedges or others) or to the legal elements (i.e. new regulations) could become sufficient reason 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 from the new cadastre could affect the property limits. The buyer’s mortgagee will likely require a new certificate of location.
You should know that the land surveyor and the notary, jointly, can rule on the validity or expiry of this document.
The price of the certificate of location may vary depending on several factors:
- The size of the terrain and the expected survey time on said terrain;
- The number of details to be noted (e.g. shoreline protection strip, flood zone, etc.);
- The area;
- Land 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 comprising a report and a plan, in which the land surveyor expresses his opinion on the current situation and condition of a property in relation to the title deeds, the cadastre, as well as laws and regulations that may affect it. The land surveyor must therefore make sure to collect all the information he will need in order to argue the opinion he has expressed on the position of the limits.
I In general, it includes: buildings (main, accessory), fences, hedges, accessory buildings, right of way, flood zones, shoreline protection strips, encroachment, illegal views and all relevant information that could affect your property rights and your 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 decide on the current situation and condition of a property in relation to the title deeds, the cadastre, as well as the laws and regulations that may affect it. For example, main and accessory buildings, encroachments, occupation marks and easements should generally appear on the plan. The septic field and the elements found underground are often not visible and are not noted during the visit of the land surveyor. It should also be noted that the presence of snow, during surveys in winter, can limit the vision of the land surveyor. The latter can then investigate if necessary or simply put a note in his report.
The certificate of location is a document comprising a report and a plan, in which the land surveyor expresses his opinion on the current situation and condition of a property in relation to the title deeds, the cadastre, as well as laws and regulations that may affect it. Of course, every land surveyor can have their opinion. It is therefore quite possible that from one plan to another, if the information from the titles, cadastre and occupation are not certain and unequivocal, that there are differences in measurements and area. It will then be necessary to validate with the land 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 cadastral plan. In order to explain these differences, it will be necessary to carry out a more detailed property analysis, generally, a new certificate of location. Sometimes, even though the measurements and area have remained the same, the position of the boundaries may have changed. This is also one of the reasons why a notary, or a creditor, will require a new certificate of location, even if the owner claims that “nothing has changed” on his property.
When mortgaging, the preparation of a certificate of location is often a condition for obtaining the loan and it may be difficult for you to avoid this condition. The mortgagee requires this document to ensure that there are no significant risks that could affect the value of your property and thus jeopardize the mortgage guarantee.
The certificate of location is a document comprising a report and a plan, in which the land surveyor expresses his opinion on the current situation and condition of a property in relation to the title deeds, the cadastre, as well as laws and regulations that may affect it. The land surveyor will therefore carry out a property inspection of your property and can report any problems or irregularities that your mortgagee wishes to be informed of, for example, disputed property limits, encroachments on neighboring properties, non-compliant buildings to municipal by-laws, significant limitations with regard to the exercise of the right of ownership.
This type of report must mention, among other things, the elements that may restrict the exercise of the right of ownership such as easements, flood zones or shoreline 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.
Save for exceptional cases, such as a boundary determination report or a specific survey, the owner does not need to be on site for the land surveys. Of course, at the request of the client, the land surveyor can set up an appointment with the latter if he wishes. For example, during staking, an owner could ask to be present in order to ensure that the markers are placed correctly.
When an owner wishes to know the position of his property limits, three options are available to him, namely staking, amicable boundary determination without formalities and boundary determination with formalities.
Staking
The first possible operation is staking, which is the ensemble of surveying operations carried out by the land surveyor with the aim of indicating, by means of markers, his opinion on the boundaries of a property.
This operation is said to be unilateral, i.e. your neighbors will not necessarily be involved in the procedure and they may possibly contest the position of the markers placed as part of this operation. Even if the land surveyor carries out his work according to the rules of the art, there is therefore no guarantee on the property limits materialized on the land.
Amicable boundary determination
The second possible option, amicable boundary determination without formalities (amicable), is an operation that consists of determining the dividing line between two contiguous lands and delimiting it with boundary markers. Amicable boundary determination without formalities differs substantially from the staking operation since it makes it possible to guarantee the position of the property limits on your land. This guarantee is possible because the land surveyor will then have the neighbor(s) concerned sign a document. This is why the boundary determination operation is called bilateral. It is through this signature that the limits will become permanent and irrevocable.
Boundary determination with formalities
Finally, the third option, boundary determination with formalities, is a much more complex operation which is normally appropriate when there is significant uncertainty about the position of the property limits or when there is a major dispute with one or more of your neighbors. If this is your situation, it is best to contact the land surveyor to obtain all the explanations relating to this procedure. An amicable boundary determination with formalities can also be called “judicial boundary determination” when the courts must intervene, for example, in the case where two neighboring owners are in a dispute to such an extent that they do not even agree on choosing a land surveyor. In such a situation, owners can contact a judge of the Superior Court to decide for them on the choice of a land surveyor. In this case, we will inevitably speak of a judicial boundary determination.
Physical appearance of the marker and the boundary marker
It is important to know that the marker planted in the ground at the corner of your land has the same appearance after a staking or boundary determination operation. In both cases, we generally speak of a metal rod surmounted by a plastic medallion (often red in color) on which the name of the land surveyor is inscribed. In short, and until there is a change in the regulations, what differentiates a boundary marker from a marker is the choice of the surveying operation which justifies the presence of this marker planted at the corner of your land and not its physical appearance. The staking operation being much more frequent than that of boundary determination, there is a good chance that you should use the expression “my boundary marker” rather than “my marker” when you want to talk about objects planted at the corners of your land, the purpose of which 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 operation that suits you best.
You must first know that the purpose of the certificate of location is not to delimit the property limits on the land, but to allow the land surveyor to express his opinion on the current situation and condition of the property in relation to the title deeds, the cadastre as well as the laws and regulations that may affect it. Thus, it would not be justified to use such a document to mark the limits of one’s property oneself. Moreover, the owner acting in this way could not justify himself by alluding to the certificate of location since the latter was not made for such a purpose. In order to be able to physically refer to the correct property limits for the alignment of your fence, a staking certificate is the ideal tool.
It is possible that boundary markers, commonly called “markers”, laid down as part of a staking or duly published boundary determination report, have disappeared. These “markers” may have been removed due to work carried out near a marker or disappeared for another reason.
However, the fact that such a marker has physically disappeared on the ground does not mean that the opinion that a boundary determination report no longer exists and it is always possible to replace the markers. Indeed, the boundary determination report is a document published in the land register which includes a report and a plan showing the position of the markers with the help of an attachment to different physical and/or cadastral elements.
Similarly, it will be possible to reassess the installation of a marker that would have been installed as part of a staking certificate.
If you believe you have lost the markers defining a common boundary with your neighbor, do not hesitate to call your land surveyor so that he can advise you 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 an ill-intentioned person has voluntarily moved the markers defining the limits of your property, you will have the possibility of initiating legal proceedings. However, before getting to this point, do not hesitate to contact your legal advisor or your land surveyor so that he can guide you in the steps that will be used to replace the boundary markers.
Under the Standard of Practice Regulation for Staking and Implantation, arising from the Land Surveyors Act, Section 8, ” In the event that the surveyor’s investigation confirms his opinion that the laying markers would be likely to disturb possession, he must cease his boundary operations and draw up a plan accompanied by a written report that he gives to the client or his principal. “
Thus, a land surveyor who notices that the setting of markers could generate a conflict or an obvious disagreement 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 intention of the neighbors and will be able to justify his actions.
A person who disagrees with the position of markers set by a land surveyor should first contact the latter. 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.
Acquisitive prescription is dealt with in articles 2917 to 2920. Under article 2918, ” A person who, for 10 years, has possessed an immovable as owner may only acquire ownership of it following a legal claim. To “possess” and produce an effect of possession, it must be peaceful, continuous, public and unequivocal. These four conditions must be demonstrated using evidence, witnesses or other documents that will be assessed in court.
Thus, it is not the simple fact of occupying a plot of land for 10 years that brings about prescription and the right of ownership. It is also necessary to manage to prove the four conditions of possession during the 10 years.
Save for exceptional cases, such as a boundary determination report or a specific survey, the owner does not need to be on site for the land surveys. Of course, at the request of the client, the land surveyor can set up an appointment with the latter if he wishes. For example, during staking, an owner could ask to be present in order to ensure that the markers are placed correctly.
The cadastral renovation process consists of carrying out the land surveys and calculations necessary for the preparation of a new global plan. This process does not require setting new markers and delineating new lot numbers in the field. A staking certificate must be prepared by a land surveyor in order to validate the information of the renovated cadastre and set new markers in order to delimit your land.
Do you have expansion projects? Whether it is for a house, a commercial building or any other type of work, the following explanations will allow you to understand the involvement of the land surveyor in your project as well as to know the work and the documents that will be necessary for you.
In the case of an extension, some of the following steps may not be necessary for the realization of your project. To find out what requirements may apply to your situation, it is recommended that you contact the urban planning advisor of your municipality as well as a land surveyor.
An expansion project can be divided into three successive stages, the objectives of which are as follows:
- Check the feasibility of your project and obtain approval from your municipality: you will need a project implantation plan;
- Proceed with the implantation of the constructions planned on your property and certify the operation: we will have to proceed with the implantation and issue you a Certificate of Implantation.
- Check the conformity of the work once the constructions have been erected, either by the municipality or by the mortgagee: you will need a Certificate of Location.
All municipalities have an urban planning by-law that governs the conditions necessary to obtain a permit, whether it is a building permit or a renovation permit. The municipal inspector and the person responsible for issuing permits and urban planning may have reason to believe that certain elements shown on the old plan have changed or are simply not apparent and would like to obtain a more recent “picture” of the plan of the state of the premises. It is important to detail your project to the land surveyor responsible for the file so that he can direct his field surveys so as to produce a plan that will exactly meet the expectations of the inspector and so that he can rule on the legality of the project and issue the permit accordingly.
Do you own vacant land or will you soon? Here are the explanations that will allow you to understand the involvement of the land surveyor as well as the work and the necessary documents that will allow you to complete your project.
Such a project can be divided into three successive stages, the objectives of which are as follows:
- Check the feasibility of your project and obtain approval from your municipality: you will need a project implantation plan;
- Proceed with the implantation of the constructions planned on your property and certify the operation: we will have to proceed with the implantation and issue you a Certificate of Implantation.
- Check the conformity of the work once the constructions have been erected, either by the municipality or by the mortgagee: you will need a Certificate of Location.
All municipalities have an urban planning by-law that governs the conditions necessary to obtain a permit, whether it is a building permit or a renovation permit. An appointment with the person responsible for urban planning or the municipal inspector of your municipality could enlighten you on the documents necessary for the realization of your project. In addition, he could notify you of any other conditions specific to your sector. Finally, depending on the document requested, he will recommend you to the right professional. If a project plan or location plan is needed, it will be your land surveyor.
If you own a sufficiently large piece of land, it may be possible for you to divide it into two or more parts so that you can later resell it to third parties. However, the division of a land cannot be done on the fly. 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 a cadastral renovation, it will be impossible for you to divide your property without registering each of the new parts, i.e. to have a cadastre plan prepared to give a new number to each of them. Any new cadastre plan must be approved by the municipality first and then by the Cadastre Service of the Ministry of Natural Resources and these approvals require the payment of certain fees.
In addition, it is important to know that any division of land is likely to cause the imposition of park fees by the municipality. Sometimes, the amount required can be relatively high and thus affect the financial profitability of the planned operation.
Given 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 plot of land, one must generally proceed to the preparation of a cadastral plan in order to define the plot for sale. This process applies in a territory that has undergone cadastral reform. In the case of a sale of a portion of land in a territory that has not been the subject of a cadastral reform, a technical description could be sufficient for the preparation of the sales contract. In both cases, it is quite possible that the land surveyor responsible for the file will have to carry out land surveys in order to validate the information in the cadastre or identify the physical elements defining the area to be detached.
The phenomenon of co-ownership (commonly referred to as a condo) has experienced fairly rapid growth in Quebec in recent years. Many owners see many advantages in it, which explains its great popularity. The constitution of a co-ownership requires many legal steps. It is important to emphasize that this type of property is not only reserved for new constructions. Indeed, it is still possible to convert an existing building (i.e.: a building with apartments) into a building held in co-ownership. We then speak of carrying out a “conversion into co-ownership”. To constitute a co-ownership, it is essential to consult a land surveyor who will analyze with you the feasibility of your project.
In Quebec in particular, there is a moratorium whose purpose is to govern the phenomenon of conversion of apartment buildings into condominiums. A favorable decision from the Régie du logement will be necessary in order to obtain from this organization a permit to convert your building into divided co-ownership. If the creation of a co-ownership is possible, the land surveyor must then 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, even, exclusive portions. He will also advise you on the establishment of the limits to separate each of them.
Agricultural zone
The Act respecting the protection of agricultural land and agricultural activities contains various provisions allowing the detachment and sale of certain parts of agricultural land. For example, a landowner exercising a residential or commercial activity before the entry into force of the said law, can without the authorization of the commission, sell part 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 obviously possible to sell all of one’s property without the authorization of the commission and sometimes of a larger area depending on the case.
In addition, the Commission for the Protection of Agricultural Land has established, in harmony with the RCMs and the municipalities, unstructured island zones, which despite the fact that these zones are still part of the agricultural territory, are now subject to municipal regulations and the applicable subdivision regulations. A consultation with your land surveyor could allow you to verify if part of your land is located in an unstructured island.
Do not hesitate to present your project to your land surveyor so that he can guide you in your project.
Articles 101 to 105 of the Act respecting the protection of agricultural land and agricultural activities provide the mechanisms governing the rights acquired in agricultural land. In general, a vested 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 strict and municipalities have had to adapt to the provisions of the Environment Quality Act. There are several firms of biologists who can determine the existing wetlands or at-risk areas on your property. Under articles 22 and 32 of the said law, the ministry may require any document or plan necessary for the understanding of the project and its environmental integrity in order to issue the necessary permits.
The reform of the Quebec cadastre was implemented in order to update the register, which has existed since 1860, is incomplete and contains inaccuracies. The Ministry has therefore undertaken to draw up a new cadastral plan where each of the properties will be correctly represented. The work is entrusted to local land surveying firms. The owners have nothing to pay for the work of the reform of the cadastre.
Thus, on May 6, 1992, the Government of Quebec entrusted the Ministry of Natural Resources and Wildlife with the mandate to implement the Quebec cadastre reform program. The objective pursued: to update the cadastre of Quebec by faithfully representing on a computerized plan the some 3.5 million private properties counted on the territory.
To complete a project of this magnitude, the Quebec cadastral system was redesigned from a legal, technical, methodological and financial point of view. In addition, the Ministry has set up a spatially referenced information system to manage all cadastral data. Consequently, they implemented an ensemble of quality control, the majority of which is automated. These ensure the consistency and integrity of the data, at the best possible quality/cost ratio. In addition, since the cadastral plan is computerized, the Department can publish the data on the Internet.
The objectives of the reform program:
- constitute a complete and faithful image of land division, which will become the property representation tool for the publication of real estate rights;
- ensure the constant updating of the cadastre, so that any new dividing is identified in the cadastre before being subject to land registration;
- ensure the versatility of the cadastre, which must be superimposed on other thematic maps (boundaries of administrative regions, electoral districts and municipalities, topography, property assessment, public service networks, etc.).
The cadastral renovation process consists of carrying out the land surveys and calculations necessary for the preparation of a new global plan. This process does not require setting new markers and delineating new lot numbers in the field. A staking certificate must be prepared by a competent land surveyor in order to validate the information of the renovated cadastre and set new markers in order to delimit your land.
Migué & Fournier, Land Surveyors Inc. enhances its airborne survey service offer by drone with a business partnership with the firm Drone Diffusions inc. whose offices are located in Granby.
Increasingly known to the general public, the applications and use of this tool are growing and we offer the possibility to our customers to benefit from it. Possible fields of application:
- Residential
- Commercial
- Industrial
- Agricultural
- Mining industry
- Video surveillance
- Photogrammetry
- Digital terrain model and volume calculation
- Orthomosaic
- Etc.
The land surveyor is a professional in land measurement and land law. In addition to helping you know the limits of your property, he consults municipal regulations and laws and regulations to inform you about the particularities that may affect your property. He will also see to determining whether easements may limit certain developments.
An easement can be defined as a right that a third party has on your property. For example, it may be the right of access to Hydro-Québec facilities located on your property. You may therefore not be able to erect a permanent construction (swimming pool, shed, garage, etc.) on part of your property. Several types of easements exist.
Some examples of easements :
- Service of view
- Right of way
- Drainage easement
- Servitude for drawing water
- Non-construction easement
Other possible constraints
Various types of constraints can determine the construction you plan on your property. These may be constraints associated with risks related to the natural environment, but also anthropogenic type constraints. These constraints are generally identified during the surveyor’s study of government and municipal laws and regulations.
Some examples of constraints:
- Shoreline protection strips
- Areas at risk (slides, floods, steep slopes, etc.)
- Zoning related to historical and cultural heritage
- Agricultural zoning, mining rights, etc.
- Other zoning and urban planning standards (heights, distances from the road, setback from the neighbour, urban style, etc.)
Source : Ordre des arpenteurs-géomètres du Québec
A certificate of location prepared by the land surveyor will allow you to view these easements that may affect your property, and the report will inform you about the nature of these constraints.
To better understand the vocabulary used by the land surveyor or the surveyor, consult this glossary of the field of land law and geomatics.