A real estate transaction is put on hold. The notary has identified a discrepancy between the cadastral description recorded in the land register and the actual measurements of the lot. This type of situation, less rare than one might think, can arise at any time: during a sale, a refinancing, or the settlement of an estate. The good news is that an erroneous technical description can be corrected — provided you act methodically and without delay.
What Is an Erroneous Technical Description on a Title
The description of an immovable recorded in a notarial deed must correspond exactly to what appears in the land register. This description reflects the official cadastral information: lot number, area, boundaries, and measurements of the property.
An error occurs when there is a discrepancy between this official description and the physical reality of the lot. It may involve an inaccurate area, poorly defined boundaries, an incorrect lot number, or a description that does not account for a cadastral renovation that took place after the original deed. These anomalies can go unnoticed for years — until a formal process brings them to light.
When the Error Comes to Light
In most cases, the irregularity is discovered during a real estate sale. The notary retained to execute the transaction conducts a title examination and identifies the discrepancy. A mortgage refinancing can produce the same result: the lender requests an updated statement, and the discrepancy surfaces.
A survey commissioned by a cautious buyer or required by an insurer may also reveal that the description in the register no longer corresponds to the current state of the lot. In all of these cases, the transaction is placed on hold until the situation has been regularized.
The Role of the Notary and the Land Surveyor
Correcting an inaccurate title involves two distinct professionals whose roles complement one another.
The Land Surveyor
It is the land surveyor who establishes the physical reality of the lot. Under Quebec law, only a land surveyor is authorized to produce an official survey plan. This plan forms the factual basis upon which any subsequent legal correction rests. It documents the actual dimensions of the property, confirms the boundaries, and makes it possible to produce a compliant cadastral description.
The Notary
Once the survey plan has been obtained, the notary drafts a corrective deed. This deed, published in the land register, replaces or rectifies the erroneous description in the prior deeds. Under Quebec law, the publication of rights depends on the accuracy of the information recorded in the register — which is why the correction must be formalized and published, and not simply noted for informational purposes.
In Laval, as throughout Québec, this process requires the active collaboration of the owner, who must provide existing documents and authorize the necessary steps.
The General Steps to Regularize the Situation
The process follows a logical sequence:
- Identification of the error — The notary identifies the discrepancy during the title examination and informs the parties concerned.
- Obtaining an updated survey plan — The land surveyor produces a report reflecting the actual state of the lot.
- Drafting the corrective deed — The notary prepares the appropriate deed based on the nature of the irregularity.
- Publication in the land register — The deed is published so that the correction is enforceable against third parties and officially integrated into the title.
Why You Should Not Delay the Correction
Postponing the correction of an erroneous description carries concrete risks. An inaccurate description can invalidate subsequent deeds or complicate their preparation. It can also affect title insurance coverage, since certain policies exclude known irregularities that have not been corrected.
On a practical level, an unresolved anomaly slows down or blocks future transactions. The longer the situation persists, the more complex the steps to regularize it may become — particularly if successive transfers of ownership have occurred without the error being corrected.
Acting as soon as the irregularity is identified remains the simplest approach and the least costly in terms of time and effort.
Consult Groupe Synergie Notaires
If you have discovered an irregularity in the technical description of your title, the team at Groupe Synergie Notaires can guide you through the steps to follow. Contact the firm at (514) 399-1009 or at info@gsnotaires.com to schedule a consultation with Me Petrulian. The firm is located at 67 boulevard Samson, in Laval (Sainte-Dorothée).
Frequently Asked Questions
Can I sell my home if the description in the land register is incorrect?
An erroneous description generally complicates the transaction and must be corrected before the deed of sale is signed. Your notary will advise you on the steps to take based on the nature of the discrepancy identified.
Who pays for the correction of an erroneous technical description on a title?
The allocation of costs depends on the circumstances surrounding the error and the agreements between the parties; it is best to discuss this with your notary to clarify the situation in your specific context.
How long does it take to correct an error on a property title in Québec?
The timeline varies depending on the complexity of the irregularity and the availability of the land surveyor; Me Petrulian will explain the details during your consultation once your situation has been assessed.
The content of this article is provided for informational purposes only and does not constitute legal advice. As every situation is unique, it is recommended that you consult a professional to obtain advice tailored to your particular circumstances.
This text is provided for informational purposes only and does not constitute legal advice. As each situation is unique, it is recommended that you consult a professional to obtain advice tailored to your particular situation.