Definition : Certificate of location

Notarial Act en minute prepared by a land surveyor for the benefit of an owner or of his hypothecary creditor. The certificate of location includes a written report and a location plan. This report states the professional opinion the land surveyor on the situation and the present condition  of an immovable ( land and building(s) erected thereon) concerning its state of conformity or non-conformity relative to property titles, to the cadastre and also to various regulations and laws that may affect it.

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  From the first day of existence of the co-ownership, that is to say when its declaration of co-ownership is published in the Land Register of Quebec, the co-owners as one body constitute a “syndicate of co-owners”. This legal person must ensure the "preservation of the immovable and manage the common portions." To form this co-ownership several steps involving many protagonists are necessary.
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The Law grants to purchasers the right of obtaining the most truthful and complete information possible on the nature and exact characteristics of the property being sold. This obligation encompasses all the critical and relevant information concerning the immovable and the co-ownership. The information to be provided shall cover the private portion and the common portions of the building. You should act with the utmost care to ask for and obtain the required information to allow you to avoid disputes with your vendor (developer or builder).
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Prepared by a land surveyor, the certificate of location should be in the title file of the immovable.  In most cases it is required for a real-estate transaction. Regardless of whether the seller has a certificate of location in his possession, the obligation to supply one remains. If the vendor does not have  a certificate, the seller must have one prepared. Furthermore, obtaining  title insurance does not relieve the seller of his obligation to provide an up-to-date certificate of location.    
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November 11th, 2010 – Obtaining a certificate of location is essential in a real-estate transaction. It contains a plan showing the location of the building on the lot and a report certifying, amongst other matters, the conformity of the immovable to the laws and applicable regulations.
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The vendor has the obligation to reveal the exact superficial area of its private portion. The superficial area/price ratio is an important criteria for many buyers. It has a major influence on their decision to purchase Off plan sale The calculation of the superficial area of an apartment may lead to a conflict if,  in an off plan sale, the gross area shown on the architectural plan is the information used for the transaction. Thus, you should insist that the developer supplies a detailed plan of the apartment to be built, along with the method used to determine the superficial areas.
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 Most buyers attach great importance to an apartment area/price ratio. Therefore, before signing the deed of sale, take time to carefully measure the area of your unit. Discrepancies between what is shown on the plan provided at the signing of the preliminary contract, versus the actual area shown on the cadastral plan or the certificate of location are frequent. This difference can be explained by many factors listed in the factsheet entitled The Area of the Private Portion.
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