The notary is a professional of the real estate industry.  Among his duties he did the title examination of a property.  The term “chain of title” is also used.  These are the successive transfers of a property that a buyer wishes to acquire.

Usefulness of this exam

Why do a title exam?  The purpose here is to verify that these sales had the effect of transferring the seller’s property right to the purchaser, each time a transaction took place.  The examination of titles aims at two specific objectives: to see if the seller is the real owner of the immovable and to check the title of the real property to transfer.

What’s checked?

To do a title exam, several items are verified.  If the seller is the owner of the immovable (main objective), if he owns the right and ability to sell his property, if the spouse of the seller or other persons must agree with the sale and finally, if charges should be removed from the title of the property.

Importance of a certificate of location

The certificate of location is a document that is related to the authenticity of the property.  Thanks to him, the notary can check several other elements in the title examination.  Among these, one can count the accuracy of the dimensions of the land, if the buildings are on the sold immovable, if the house was built according to the municipal rules and according to the zoning laws, if the windows are in accordance with the law, if there is a right of passage and finally, if a neighboring property is encroaching on the immovable for sale.

Other factors

The notary may, by examination of securities, see whether there are any charges or rights which may affect, limit or remove from the value of the property right.  The best examples are mortgages, seizures, easements and judgments.The title exam of a property happens to be an important task for the notary.  The latter observes various elements in order to see if the seller is the real owner of the building and to check the title of the real property to transfer.

Among the things verified are the right and the ability to sell, the mortgage amounts, the charges and rights that may affect the property right (e.g. mortgage, seizure, easements, etc.).

Also, the certificate of location can be used to examine several elements such as the dimensions of the land, the zoning laws and whether the property of the neighbor is in the land of the seller.

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