From a buyer’s point of view, who spends a big amount of money in order to buy a house, he/she wants to be sure that the property is conform to the laws, the by-laws, the occupation, the deeds and cadastre and that there will be no legal problem 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.
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 then proceeds with a legal inspection of your property and will be able to warn you of any problems or irregularities that could eventually put in jeopardy the future transaction such as, litigious property limits, encroachments on neighbour’s properties, non-conformity of a building, limitations in regards to the right of property, etc.
The certificate of location is a “picture” at a precise time and gives the health status of your property. As time goes by, the chances that your property undergoes modifications increase. Whether it is legal (new by-law) or material (encroachment, gallery, hedge or pool demolition), any change constitutes a sufficient motive to ask for 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 call your land surveyor and discuss with him the necessity to prepare a new certificate of location.