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The Importance of a Survey in Ontario Real Estate Transactions
M. Wajahat Faizan
August 22, 2024
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A survey is an essential document in real estate transactions that provides precise information about the boundaries and features of a property. The significance and proper understanding of a survey cannot be overstated for all parties involved—buyers, sellers, lenders, and legal professionals—to ensure a smooth transaction and to avoid future disputes.
At Kormans LLP, our experienced real estate lawyers are available to advise clients on interpreting surveys and addressing significant issues that may arise from them. We understand the complexities involved and are committed to safeguarding your interests throughout the transaction.
1. Clarification of Property Boundaries:
A primary function of a survey is to accurately define the borderlines of a property. In a real estate transaction, it is crucial to know the exact extent of the property being bought or sold. Without a current and accurate survey, buyers may unknowingly acquire property that is smaller than anticipated or encroach on a neighbour's land, leading to costly legal disputes. The survey ensures that the property lines align with the legal description provided in the deed.
2. Identification of Encroachments and Easements:
Surveys are vital for identifying any encroachments or easements that may affect the property. An encroachment occurs when a structure, such as a fence or building, extends over the property line into a neighboring parcel. Easements, on the other hand, grant others the right to use a portion of the property for specific purposes, such as drainage, catch basins, utility lines or access roads. These issues can significantly impact the use and value of the property. A comprehensive survey reveals these potential problems, allowing parties to address them before completing the transaction.
3. Verification of Legal Descriptions:
The legal description in a deed provides a formal allocation of the property’s limits. A survey is used to verify that this description accurately reflecting the physical layout of the property. Ensuring that the survey matches the legal description is essential for the clear transfer of ownership.
Conclusion
A survey is a crucial tool in Ontario real estate transactions, offering clarity and protection to all involved parties, confirming boundaries, identifying potential issues like encroachments and easements, and ensuring compliance with legal descriptions and local regulations. In essence, a survey mitigates risks and facilitates a smoother transaction process.
We at Kormans LLP are committed to assisting our clients in interpreting surveys and navigating through challenges they may present. Contact us today to ensure your real estate transaction is handled with the utmost care and expertise. Send us an email at info@kormans.ca or call (905) 270-6660!
Faizan’s academic background includes a Juris Doctor (J.D.), an LL.M. from Aberdeen Business School in Scotland, and an LL.B. (Hons.) from the University of London. He has also earned certifications in Construction Law and Public Policy from the prestigious Osgoode Hall Law School, showcasing his diverse expertise across multiple areas of law. After being called to the Ontario Bar in 2020, he gained experience in real estate, commercial, and immigration law at a boutique firm before joining Kormans LLP.
Specializing in a wide range of legal services, Faizan focuses on residential and commercial real estate transactions, financing, wills and estate planning, and contractual matters. His expertise also extends to Islamic wills and Sharia-compliant financing, where he offers culturally sensitive solutions tailored to the needs of diverse clients.
Faizan’s thought leadership is evident in his published articles on Islamic wills and Halal mortgages, which can be found on the Kormans website. His expertise extends beyond Islamic wills, with a deep understanding of real estate law showcased through writings on topics such as Tarion warranties, joint tenancy, and easements. These works highlight his broad knowledge of property law and commitment to providing clients with clear, informed guidance.
In addition to his contributions to real estate law, Faizan has made significant strides in immigration law. His representation before the board in the landmark case of Vilcassim v. Canada helped establish a crucial precedent in children’s rights within Canadian immigration law.
With a strong background in law, Faizan continues to teach as one of the pioneering professors in the Graduate Diploma in Immigration and Citizenship Law program at the prestigious Queen’s University, where he shares his practical experience and knowledge with future professionals.
His contributions to the legal field were recognized with the Queen Elizabeth II Platinum Jubilee Award Pin, honoring his dedication and service to immigration law. He is also the recipient of the King Charles III Coronation Medal, a prestigious award recognizing contributions to community and public service. This recognition was granted through a rigorous selection process led by the Mississauga Streetsville Community Leadership Association and the Canadian Heraldic Authority at the Chancellery of Honours, Rideau Hall.
Outside of his professional life, he enjoys travelling, has a passion for cricket, plays weekend squash and frequently participates in youth mentorship programs.
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