Reconstruction of the history of the right of ownership of an immovable by examining, in chronological order (ascending or descending), the property titles appearing in the Québec Land Register and covering a period of 30 or 51 years and sometimes even covering a period beginning with the depositing of the cadastre. The preparation of this chain of titles will therefore list the titles (sales, transfers, declarations of transmission, etc.) for this period in order to determine the owner of the immovable on a given date.
The intervention of the notary is very important when purchasing an apartment in a divided co-ownership. A professional, member of the “Chambre des notaires du Québec” (Québec Chamber of Notaries), he is also a public officer. As such, the notary has without limitation the mission of executing deeds to which the parties wish or are required to endow with authenticity (such as a declaration of co-ownership). Even though it is preferable that he should get involved at the outset of a transaction, this legal adviser usually gets involved after the signing of the offer to purchase or of the preliminary contract.
The notary, in his capacity of public officer:
Warrants the validity of the deed of sale;
Is bound to act objectively and to give legal advice to all the parties (equally to the purchaser and the vendor);
Is bound to a duty of information to the parties, which means he should give the parties relevant advice and information in relation with the deeds signed before him.