When purchasing a home, the only reliable way to establish the property’s lot boundaries and the location of any improvements is through a current survey certificate provided by a qualified surveyor. While the plan filed with the Land Title Office can be helpful, it is not definitive. The Land Title Office does not certify that these plans accurately reflect the boundaries and dimensions of the property.

A survey certificate typically outlines the lot boundaries, the locations of improvements, and may also indicate any registered rights of way or easements. This document is crucial for determining whether any structures on the property encroach on neighboring land, or if adjacent properties have improvements that infringe on your land. While the cost of obtaining a survey may vary, it is a relatively small investment to confirm the precise boundaries and location of improvements on what is likely one of the largest financial commitments most people will ever make.

In some cases, the seller may already have a survey certificate. Depending on the age of the certificate and whether any changes have been made to the property or its improvements, the buyer might find the seller’s survey acceptable. Often, the seller will provide a statutory declaration confirming that, to the best of their knowledge, the survey remains accurate and no alterations have been made to the property since it was last surveyed. While this is not as reliable as a current survey certificate, it can offer some peace of mind if the buyer chooses not to commission a new survey.

For buyers obtaining a mortgage, lenders typically require a survey certificate as part of the loan process. However, many lenders may accept a title insurance policy instead. Title insurance can protect the lender from various potential issues related to the property, such as encroachments or past title defects. Buyers also have the option to purchase a homeowner’s policy, which offers similar protections for them. Even with title insurance in place, it’s worth considering whether to obtain a survey certificate if one is not already available, as it provides additional assurance regarding the property’s boundaries and condition.

This information is general in nature only. You should consult a lawyer before acting on any of this information. This information should not be considered as legal advice. To learn more about your legal needs, please contact our office at (250)-448-2637 or by email to info@touchstone.law