You're about to sign a deed of sale and everything seems to be in order. Yet some property issues aren't visible during a showing — or even during a home inspection. They hide in documents, in the property's history, and in official registries. This is precisely where the notary's work becomes essential — well before the ink dries on the deed.
Latent Defects and Title Defects: Two Very Different Issues
Latent defects come up often in real estate, and for good reason: they relate to the physical condition of a property — concealed water infiltration, a compromised foundation, a deficient electrical system. Under the Civil Code of Québec, sellers carry specific obligations in this regard. But there is another category of issues that is equally serious: title defects.
A title defect is a legal irregularity that affects ownership rights themselves. It may take the form of an undischarged hypothec, a forgotten servitude, a surveying error, or a right registered in the land register that was never disclosed. These two categories are distinct, but both can jeopardize a real estate transaction — and they often surface at the worst possible moment.
What the Notary Actually Examines
The Title Chain Analysis
During the title search, the notary traces the property's ownership history back several decades. They verify that every transfer of ownership was properly carried out, that no prior rights remain undocumented, and that no irregularities undermine the validity of the current title.
Entries in the Land Register
Under the Act respecting the publication of rights, all real rights in an immovable must be published in the Québec land register to be enforceable against third parties. The notary carefully reviews this register to identify any active hypothecs, rights of pre-emption, right-of-way servitudes, or any other registered entry that could affect the enjoyment or value of the property.
Rights That Go Unnoticed
Some entries have existed for years without ever causing an issue. It is often only at the time of a sale — particularly in Laval or other high-volume markets such as the Greater Montréal area — that these rights resurface. A servitude granted to a neighbour thirty years ago, an undischarged legal hypothec, a judgment registered against a former owner: each of these situations can stall a transaction or expose the parties to liability if they go undetected in time.
The Notary's Preventive Role
Acting Before Signing, Not After
A notary's role is not simply to authenticate a document. In the context of a real estate transaction — whether in Sainte-Dorothée or elsewhere in Laval — their function is fundamentally preventive. By identifying a title defect before the deed of sale is signed, the notary gives the parties the opportunity to resolve the matter amicably, renegotiate certain conditions, or avoid a dispute that could prove lengthy and costly.
Protection for All Parties
Title verification is often thought of as something that protects only the buyer. In reality, it benefits the seller as well. A seller who is unaware that a hypothec was never properly discharged can find themselves in a difficult position at closing. The notary identifies these issues early and guides all parties toward a secure conclusion.
When Should You Involve a Notary?
The best time to engage a notary is as soon as the conditions of a promise to purchase are accepted — or even before. The earlier the title search begins, the more time all parties have to address any issues that arise. Me Petrulian will walk you through the specifics during your consultation based on the nature of your transaction.
Contact Groupe Synergie Notaires
Are you buying or selling a property in Laval or the Greater Montréal area and want to avoid unexpected complications? Groupe Synergie Notaires Inc. has been guiding clients through real estate transactions with thoroughness and care since 2007.
Contact us to schedule a consultation with Me Petrulian:
📍 67 Boulevard Samson, Laval (Sainte-Dorothée), QC H7X 3E6 📞 (514) 399-1009 ✉️ info@gsnotaires.com
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.