In the absence of any contractual requirement in the Agreement of Purchase and Sale, the Seller has no responsibility to provide a survey. However, an up-to-date plan of survey reflecting the current condition of the property is helpful for:
- complete disclosure of any unregistered right-of-way or easements;
- encroachments on or from neighbouring properties;
- compliance or non-compliance with local zoning by-laws and building restrictions (e.g. setbacks, lot area and lot coverage of buildings);
- the extent of occupation by adjoining landowners;
- confirmation of the size and shape of the lands as described in the Transfer of title, and
- assurance that any building on the land is in the proper location.
Without a plan of survey, our title opinion is qualified, subject to any defects that an up-to-date survey of the property may disclose. Title insurance may be available to cover certain losses that may be revealed if an up-to-date plan of survey is obtained later.