What Purchasers Should Know

      Certificate of Title

Upon an examination of the records at the Registry of Deeds revealing a good and marketable chain of title, your lawyer will provide you at the closing with a Certificate of Title containing their opinion on title which will be subject to;

Mortgages (if any)

Restrictive Covenants (if any)

Easements, Rights of Way, and Agreements (if any)

The accuracy of the information contained in the statutory declarations (if any)

The existence of any persons who have obtained adverse possession, prescriptive rights, or squatters rights to occupy or use the property.

The accuracy of the indices at the Registry of Deeds

The diminution of the dimensions of the property resulting from minor adjustments of street lines

Their opinion on title will also be subject to the following qualifications about which they do not have the knowledge, expertise or credentials to certify
Survey, they can not certify the actual location of any buildings, the actual boundaries, or the existence of any encroachments on or from the property
Unregistered easements, encumbrances, or agreements which will not be found at the Registry of Deeds, they can not certify that such encumbrances do not exist.
Federal, Provincial, or Municipal laws, by-laws and regulations affecting the property and its use, they can not certify that the property and its use comply with all requirements regarding health codes, building codes, building permits, occupancy permits, environmental regulations, subdivision by-laws, well certificates, septic certificates, and zoning by-laws.
Value, they can not certify as to the value of the property or as to the quality of any construction that may exist thereon.

Remember when buying property that the overriding principle of law is "Buyer Beware". The onus is on the Purchaser to be prudent.

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