The first step of the title examination will be the consultation of the land register. Each existing lot in Quebec has an index in which are registered the deeds of transfer of ownership (sale, assignment, declaration of co-ownership, etc.), the dismemberments of the right of ownership (in particular the servitudes) and the charges of the nature of a hypothec (also known as mortgage).
The second step will be the reading of these deeds to determine if all the conditions of the deed of transfer have been respected at the time of the transaction. The reading of these deeds will also allow to verify if the parties to the deed had then the right and the capacity to sell or purchase, thus the notary will verify the marital status of the parties, the legal existence of business corporations (companies), etc.
This step will also allow to establish if the immovable property is affected by hypothecary charges (also known as mortgage charges). The notary will therefore have to make sure that the published hypothecs are cancelled and if this is not the case, to report this to the purchaser and, if necessary, to the hypothecary lender (also known as mortgage lender). The notary will also have to examine the servitudes (servitudes of views, of way, of restrictions of use, etc.) published against the immovable property in order to be able to inform the purchaser of the consequences of these charges on the use which he intends to make of the immovable property.
In a final step, the notary will make a report on the titles summarizing the results of these searches and indicating at first, if it turns out to be necessary, the defects of titles, the eventual correctives, the interest of a title insurance, then the non-cancelled hypothecs and the servitudes and other charges which can affect the immovable property (notice of contamination, etc.).
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