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15 Dartmouth Road Suite 15
Bedford, Nova Scotia
B4A 3X6 902 - 835 - 2000
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| What Purchasers Should Know |
Certificate of Title
Survey
Two of the major components ensuring the marketability of property are the certificate of title from the lawyer, certifying the chain of title, and the certificate of the surveyor certifying the extent of title. A Purchaser can not be completely protected without having both certificates.
The search of the title does not ensure that the house, garage, fences, out buildings, driveway, trees, etc., are located on your property as described in your deed. The Certificate of Title will be subject to survey as your lawyer does not certify as to where your lines are on the ground nor do they certify that the improvements on the property are located within the legal description contained in your deed. the only way to ensure where your lines are on the ground, that the survey stakes are installed, that the improvements and your house are located within the boundaries of the legal description contained in your deed and that you have access to a public highway is to have a qualified Nova Scotia Land Surveyor carry out a full survey.
Should you decide that you would like to have a full survey done of the land you are buying and you want your lawyer to make these arrangements on your behalf you must provide them with a written instruction to do so immediately upon providing them with your Agreement of Purchase and Sale.
As a minimum standard, they recommend to all Purchasers that they obtain a Location Certificate prepared by a qualified land surveyor showing the location of the house, showing all the improvements on the property and showing access to a public highway. You will have to advise them if you want the survey stakes to be installed.
It is important to have the survey documents certified in your name so as to establish privity of contract between the Surveyor and yourself. It may be possible in certain circumstances to have an existing survey re-certified in your name and normally this is less expensive than having to initiate one.
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