RESOURCES

A survey is an essential document in real estate transactions that provides precise information about the boundaries and features of a property. The significance and proper understanding of a survey cannot be overstated for all parties involved—buyers, sellers, lenders, and legal professionals—to ensure a smooth transaction and to avoid future disputes.

At Kormans LLP, our experienced real estate lawyers are available to advise clients on interpreting surveys and addressing significant issues that may arise from them. We understand the complexities involved and are committed to safeguarding your interests throughout the transaction.

1. Clarification of Property Boundaries:

A primary function of a survey is to accurately define the borderlines of a property. In a real estate transaction, it is crucial to know the exact extent of the property being bought or sold. Without a current and accurate survey, buyers may unknowingly acquire property that is smaller than anticipated or encroach on a neighbour’s land, leading to costly legal disputes. The survey ensures that the property lines align with the legal description provided in the deed.

2. Identification of Encroachments and Easements:

Surveys are vital for identifying any encroachments or easements that may affect the property. An encroachment occurs when a structure, such as a fence or building, extends over the property line into a neighboring parcel. Easements, on the other hand, grant others the right to use a portion of the property for specific purposes, such as drainage, catch basins, utility lines or access roads. These issues can significantly impact the use and value of the property. A comprehensive survey reveals these potential problems, allowing parties to address them before completing the transaction.

3. Verification of Legal Descriptions:

The legal description in a deed provides a formal allocation of the property’s limits. A survey is used to verify that this description accurately reflecting the physical layout of the property. Ensuring that the survey matches the legal description is essential for the clear transfer of ownership.

Conclusion

A survey is a crucial tool in Ontario real estate transactions, offering clarity and protection to all involved parties, confirming boundaries, identifying potential issues like encroachments and easements, and ensuring compliance with legal descriptions and local regulations. In essence, a survey mitigates risks and facilitates a smoother transaction process.

We at Kormans LLP are committed to assisting our clients in interpreting surveys and navigating through challenges they may present. Contact us today to ensure your real estate transaction is handled with the utmost care and expertise. Send us an email at [email protected] or call (905) 270-6660!

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M. W. Faizan is an Associate Lawyer at Kormans LLP. You can reach M. W. Faizan here: [email protected].

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