Determining the square footage of an immovable: certificate of location, cadastral plan or acquisition title?

(Update of the article published on March 28, 2005)

Depending on the circumstances, the certificate of location, the cadastral plan or the acquisition title will be used to determine the square footage of an immovable. To know which should be used, a broker must first verify whether or not the immovable was covered by the cadastral renovation. A renovated lot will have a single seven-digit number.

For non-renovated lots, the square footage indicated on the seller’s title of acquisition should be used. In the absence of such, the square footage indicated on the certificate of location should be used (this must represent the condition of the immovable at the time of signing of the brokerage contract). This square footage must be entered under clause 3.1 of the brokerage contract and the promise to purchase and on the description sheet. If there is a difference between the values on the title of acquisition and the certificate of location, the broker must indicate it under clause 11.1 of the brokerage contract, under clause 12.1 of the promise to purchase and on the description sheet.

For a renovated lot, the figure to be entered on the brokerage contract, the promise to purchase and the description sheet is the square footage indicated on the cadastral plan. As in the case of a non-renovated lot, the real estate broker must report any discrepancy with the information contained in other reference documents under clause 11.1 of the brokerage contract, under clause 12.1 of the promise to purchase and on the description sheet. The broker should also recommend that the seller consult a land surveyor or a notary to straighten out the situation as quickly as possible.

For more information regarding cadastral renovation and cadastral plans, visit the Quebec Land Register website.
[social_media]