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Do I need a building location survey if I am purchasing a residential property?

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.

© 2015 Lawrence, Lawrence, Stevenson LLP

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43 Queen Street West, Brampton, ON, Canada L6Y 1L9
Telephone: 905.451.3040 Fax: 905.451.5058 Email: