What is the warranty of ownership?

The warranty of ownership means that the seller is bound to warrant the buyer that the immovable property sold is free of all rights or claims except those he has declared to the buyer at the time of the sale. These rights or claims may be hypothecs/mortgages that are not cancelled, leases, servitudes such as a right of way in favour of a third party, or encroachments upon the immovable/real estate property resulting from constructions on an adjacent property.

Thus, in the case where mortgages are affecting the property, the seller is required to repay the debts related to such mortgages and to request the cancellation thereof, unless the buyer has agreed by contract to assume these mortgage debts.

The seller is also bound to warrant the buyer against any violation of public law restrictions affecting the property. These restrictions may consist of municipal zoning restrictions or environmental standards, including standards for washroom facilities.