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Location certificate

Location certificate

The location certificate is a document that includes a report and a plan, through which the land surveyor express his professional opinion on the actual situation and state of an immovable property. It provides a status report in regards to the ownership titles, cadastre and laws governing this property.

A location certificate is usually required for real estate transactions, and may be requested by a creditor, notary, lawyer, real estate broker, licensed appraiser or municipality. A location certificate can be requested by either the seller or the buyer. 

This document is private, confidential and can be delivered only to the client or professionals involved in the process. The certificate of location cannot be used to establish the boundaries of one’s property or the layout of a new construction. The latter require a staking or layout plan. 

The location certificate is governed by the Regulations respecting standards of practice for location certificates, established by the Ordre des arpenteurs-gèométres du Québec (R.S.Q c. A-23. r.7.1).

Source: Publications du Québec website

Layout

Layout is the exact location of a future construction on a property. After the issuance of a permit, a layout certificate will then be issued by the land surveyor. It is a written confirmation of the execution of the work carried out.

Before delivering a construction permit, most municipalities demand the issuance of a layout project plan. The land surveyor prepares a layout project plan, which defines the future position of the new structure in relation to the property boundaries.

Layout is governed by the Regulations respecting standards of practice for staking and layout, established by the Ordre des arpenteurs-géomètres du Québec (R.S.Q c. A-23. r.8.1.1).

Source: Publications du Québec website

 

 

Staking

Staking

Staking refers to all survey operations performed by a land surveyor using bench-marks to indicate the boundaries of a property. The surveyor’s opinion is only valid for the mandatary.

The land surveyor will only place bench-marks if such an undertaking does not result in an ownership issue. However, the staking and boundary identification operations remain valid. The staking certificate issued is accompanied by a report explaining the situation.

Staking is governed by the Regulations respecting standards of practice for staking and layout, established by the Ordre des arpenteurs-géomètres du Québec (R.S.Q c. A-23. r.8.1.1).

Source: Publications du Québec website

 

Boundary determination procedure

Boundary determination is the survey operation used to establish in a permanent and irrevocable way a boundary between two separate properties.

Contrary to staking, which is a unilateral operation, boundary determination requires the involvement of immediate neighbours. It is often used in a situation of conflicting land ownership. Boundary determination can be done in an amiable way when owners agree on a common position of the boundary. If the parties involved cannot reach an agreement, it becomes a legal matter. 

In such proceedings, the land surveyor acts as a court expert and public officer in order to investigate and designate witnesses to testify. As a court expert, his mandate is to recommend the boundary line he considers most appropriate based on his analysis and evidence submitted. When both parties accept the recommendations, the land surveyor will place bench-marks. He will also write a boundary determination report which will be signed by all parties involved including the land surveyor. This report will then be published at the Registry Office.

If refuted by one or both parties involved, the matter can be taken to Superior Court. 

The boundary determination is governed by articles 977 and 978 of the Civil Code of Québec, and articles 787 to 794 of the Code of Civil Procedure of Québec.

Source: Publications du Québec website

Cadastral operations

The cadastre shows a property on a plan and identifies it by a lot number. This plan indicates the dimensions, area, shape and position of this property in relation to other lots in the vicinity. 

The cadastre used in Québec is a state register composed of several plans and documents prepared by land surveyors. This register is used to publicize property titles at the Registry Office, therefore protecting ownership rights. It is also used in property assessments and in boundary determination. 

The government of Quebec is currently registering all public and private properties located in Quebec. The cadastral renewal project is expected to last a few more years and will assign a unique lot number to all properties.

Source: Ressources naturelles et Faune website

Technical description

A technical description is used to describe the boundaries of a parcel of land subject to specific rights. This includes but is not limited to, boundaries, administrative boundaries, servitudes, agricultural zoning, prior agreements to a real estate transaction, etc.

Each straight run of this parcel is described extensively in regards to length, direction, as well as boundaries (adjacent lots widthwise) and abuttals (adjacent lots lengthwise). The total area is also specified. This description is accompanied by a plan showing all boundaries involved and surrounding immovable property.

A topographic survey is an areal view of a parcel of land that includes the different field elevations observed during the actual survey. These elevations, normally identified in meters are most often indicated in accordance with the geodesic system of Québec SCOPQ. They can also be established using another conventional system, as per user requirements.

The elevations are shown on a plan via a system of dots specifically dispersed throughout the parcel of land. The actual distance separating the dots depends on user requirements.

Field elevations are sometimes represented by topographic curves. These curves are a graphical approximation drawn by connecting dots of the same altitude. The exactitude of the curves depends on several elements, particularly the number of dots identified during field operations. 

Based on a client’s request, these plans sometimes include specific physical elements found on the terrain such as buildings, structures and dependencies, waterways, flood lines, fences or other marks of occupation as well as any geographical features.

 

Topographical plan

A topographical plan is a representation of an areal view of a parcel of land including the different field elevations observed while doing the actual survey. These altitudes, normally indicated in meters are most often in relation to the geodesic system of Québec SCOPQ. Depending on the needs of the users, they can also be based on any other arbitrary system. 

The altitudes are shown on a plan via a system of dots specifically dispersed throughout the parcel of land. The actual distance separating the dots depends on the needs of the user. Although a greater number of dots give a better representation of the actual terrain, more dots means more survey time which in turn means additional costs. 

The field elevations are sometimes represented by topographical curves. These curves are a graphical approximation of the actual nature of the terrain. Each curve is drawn by connecting dots of the same altitude. Once again, the exactitude of the curves is in direct relation to the quality of the survey done. 

These plans sometime show specific physical element found on the terrain such as buildings, structures and dependencies, waterways, flood lines, fences or other marks of occupation as well as any geographical feature required by the user.