ImmoMulti — direct buyer of income properties on the North Shore — regularly sees plex sales delayed by a single overlooked document: the location certificate. When you sell an income property in Québec, you must in practice provide an up-to-date certificate that reflects the current condition of the property, and declare all easements (right of way, view, encroachment, Hydro-Québec). An outdated certificate or an undeclared encroachment can derail the transaction at the last minute. Here is exactly how an owner-seller prepares so that this document becomes an asset rather than an obstacle.
What is a location certificate and what is it for when selling?
The location certificate is the document by which the land surveyor expresses a professional opinion on the situation and current condition of a property with respect to titles, the cadastre, occupancy, and applicable laws and regulations. It reveals easements, encroachments, and compliance with municipal by-laws.
According to the Ordre des arpenteurs-géomètres du Québec (OAGQ), the location certificate is the document by which the land surveyor gives a professional opinion on the situation and current condition of a property. It is sometimes described as the property's "health status": it shows where the property stands with respect to titles, the cadastre, the occupancy of the premises, and applicable laws and regulations.
In concrete terms, for your plex or multi-unit building, the surveyor verifies several elements: the exact location of the buildings relative to the lot boundaries, compliance with municipal by-laws (setbacks, zoning), the easements that burden the property, and any encroachments — onto the neighbouring lot or by the neighbour onto yours.
At the sale, this document is central. The Chambre des notaires du Québec notes that the majority of purchase offers provide that the seller will furnish an authentic copy of the location certificate. The instrumenting notary analyzes it, alongside the seller's declarations and the title search, to confirm that what is being sold matches what is on the ground.
Source: Ordre des arpenteurs-géomètres du Québec — Location certificate.
Why must the certificate reflect the current condition of the property?
An up-to-date location certificate shows the current condition — physical and legal — of the property at the time of the transaction: buildings, fences, entrances, easements, flood-prone areas. No law automatically makes it "expired," but the industry requires a certificate less than 10 years old that still matches the reality of the premises.
The OAGQ is clear on a point that is often misunderstood: no law or regulation automatically renders a location certificate "obsolete" or "expired." In theory, a certificate remains the surveyor's opinion as of the date they signed it. But — and this is the key issue for the seller — the more time passes, the greater the likelihood that the property's situation has changed since then.
What can change? Plenty on a plex: a new deck, an addition, a shed, a pool, a relocated fence, a newly registered easement, a change to the Québec cadastre or to municipal by-laws. As soon as one of these occurs, the certificate no longer reflects the current condition.
That is why the Chambre des notaires du Québec and the real estate brokerage self-regulatory body require their members to obtain a certificate less than 10 years old, even when no apparent change seems to have been made. And even within that window, the notary determines whether the certificate on file still describes the actual condition of the property: if you added an outbuilding two years ago, a five-year-old certificate is technically recent but no longer reflects the state of the premises.
The "recent but outdated" certificate trap
A 6-year-old certificate may be refused by the buyer's notary or lender if you have modified the premises since (added a unit, an addition, a new structure). "Less than 10 years" is a necessary but not sufficient threshold: the certificate must also match the current reality of your income property.
Sources: OAGQ — Lifespan of the location certificate · Chambre des notaires du Québec — Location certificate less than 10 years old.
Which easements must be declared when selling an income property?
All easements that burden the property must be declared: right of way, easement of view, public-utility easements (Hydro-Québec, sewer, water main), no-build easement. A sale with legal warranty provides that the property is free of all charges, except those declared at the time of sale.
An easement is a charge imposed on your property (the "servient land") for the benefit of another property or a third party. On a North Shore plex, the most common are:
- Right of way — according to the OAGQ and Éducaloi, it allows one or more people to pass, on foot or by vehicle, over land that does not belong to them. Think of a shared driveway or a rear access to another lot.
- Easement of view — linked to windows or openings overlooking the neighbouring lot. When an opening does not respect the rules, neighbours and owners can regularize the situation by signing a document at the notary.
- Public-utility easements — a right of way for Hydro-Québec, power lines, sewer, or water mains crossing your land.
- No-build or runoff easements — which limit what you can build on part of the lot.
Why is declaring them critical? Because the sale with legal warranty — the default regime in Québec — provides, as the Chambre des notaires notes, that the property is free of all charges (mortgage, easement, etc.) except those declared at the time of sale. If an easement exists and has not been declared, you expose yourself to a claim from the buyer.
The good news: easements normally appear on the location certificate and in the land register. That is precisely why the combination of an up-to-date certificate plus a title search by the notary is essential — the surveyor gives an opinion on apparent easements, and the notary verifies those registered in the titles.
"The location certificate is the document by which the land surveyor expresses an opinion on the situation and current condition of a property, including with respect to titles, the cadastre, occupancy, and the easements that burden it."
— Based on the Ordre des arpenteurs-géomètres du Québec (oagq.qc.ca)Sources: OAGQ — Selling or buying a property · Éducaloi — Freeing your property from servitudes.
How can an undeclared encroachment derail the sale?
An encroachment is a structure (fence, shed, deck, parking spot) that extends onto the neighbouring lot — or vice versa. A sale with legal warranty provides that the property does not encroach on the neighbour and vice versa. An encroachment revealed by the location certificate and left unresolved can block the buyer's financing and cause the transaction to fall through.
The encroachment is arguably the problem most likely to derail a plex sale at the last minute. It occurs when a structure crosses the property line: a fence installed on the wrong side, a shed that bites into the neighbouring lot, a deck or parking spot that encroaches. The land surveyor clearly flags it on the location certificate.
Now, the legal warranty provides that the property being sold does not encroach on the neighbouring property, and vice versa. When the certificate reveals an encroachment, the buyer — and especially their mortgage lender — may refuse to proceed until the situation is regularized. For a multi-unit building financed by an institution, this is often a hard stop.
Depending on the case, and with a notary's advice, an encroachment can be resolved in different ways:
| Situation | Possible solution | To plan for |
|---|---|---|
| Minor, tolerated encroachment | Notarized encroachment easement granted by the neighbour | Agreement + notary fees |
| Fence/shed on the wrong side | Relocating or removing the structure | Time and construction costs |
| Contested encroachment | Written agreement, compensation, or legal action | Can delay the sale several weeks |
| Neighbour encroaching on you | Notice to the neighbour; removal, easement, or compensation | Depends on whether the neighbour acted in good faith |
Éducaloi notes that when facing an encroachment, you must first notify the neighbour; if the neighbour was unaware of the encroachment and it causes you an inconvenience, you can, among other things, require them to remove the structure and restore the land, or demand compensation. All of these steps take time — hence the value of resolving them before putting your plex on the market.
Sources: OAGQ — Property boundaries · Éducaloi — Neighbourhood disputes.
How do you prepare before selling your plex in Québec?
Pull out your location certificate, check its date and whether it reflects the current state of the premises. If it is more than 10 years old or you have modified the building, retain a land surveyor now — not after accepting a purchase offer. List the known easements and resolve any encroachment in advance with a notary's help.
The secret to a smooth sale comes down to one word: anticipation. Here is the process for an owner-seller of a plex or multi-unit building:
1. Locate and date your current certificate
It is often in your purchase documents or with the notary who handled your acquisition. Check its signing date. If it is more than 10 years old, assume it will need to be renewed.
2. Compare it to the actual state of the premises
Even if recent, is the certificate still accurate? Have you added a deck, a parking spot, an outbuilding, changed a fence, added a unit? If so, a new certificate will be needed to reflect the current condition.
3. Retain the land surveyor early
Turnaround times vary with the season and surveyors' workloads — demand rises in spring and summer. Requesting a certificate at the last minute is a classic cause of a postponed closing at the notary. Retain the surveyor as soon as you decide to sell.
4. Inventory easements and encroachments
List what you know: rights of way, the presence of Hydro-Québec, verbal arrangements with a neighbour, structures near the boundaries. Hand it all to the notary so they can cross-check this information against the land register and the certificate.
Your "certificate + easements" sale file
- Location certificate less than 10 years old reflecting the current condition
- Written list of known easements (right of way, view, Hydro, public utilities)
- Identified encroachments and, ideally, already resolved or being resolved
- Copy of your property titles for the notary
- Addition, permit, and modification documents post-dating the last certificate
The seller's reflex on the North Shore: avoid postponed closings
On the North Shore (Terrebonne, Mascouche, Blainville, Boisbriand, Saint-Jérôme, Saint-Eustache), an up-to-date location certificate and clearly declared easements reassure the buyer and their lender. It is a trust signal that speeds up the transaction and protects your sale price.
On the North Shore of Montréal, where the plex and multi-unit market remains active, buyers and their lenders are demanding about documentation. A seller who presents a flawless location certificate and a clear declaration of easements upfront sends a strong signal: the file is clean, there are no nasty surprises to fear.
Conversely, discovering an encroachment or an undeclared easement during the inspection period gives the buyer leverage to renegotiate the price, demand a correction at your expense, or walk away. In a market where every week of delay counts, anticipation directly protects the value of your income property.
To go further on the documents to assemble, see our guide on the seller's declaration for an income property, a complement to this article, and our overview of the notary's role when selling a multi-unit building.
ImmoMulti: direct buyer of income properties on the North Shore
Preparing to sell your plex and the file feels heavy? ImmoMulti buys directly, with no broker and no commission, and guides the seller through the documentation. Get a confidential offer within 48 hours.
An up-to-date location certificate and well-declared easements are not mere formalities: they are the foundation of a sale without a hitch. For specific cases — a disputed encroachment, a complex easement, doubt about the certificate's validity — always consult a land surveyor and a notary, the only professionals qualified to advise on your situation.
Informational content only. Does not constitute legal or tax advice. Requirements regarding the location certificate, easements, and legal warranty may vary by case. Consult a land surveyor and a notary for advice specific to your property.
